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SUPPLEMENT TO 


GOVERNMENT: ITS ORIGIN, GROWTH 
AND FORM IN THE UNITED STATES 

By K. LANSING and G. M. JONES 


THE GOVERNMENT 
OF MISSOURI 


BY 

J. U. BARNARD 

• % 

PRINCIPAL OF THE HUMBOLDT SCHOOL, KANSAS CITY, MISSOURI 



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SILVER, BURDETT AND COMPANY 

NEW YORK BOSTON CHICAGO 





The 

Government of Missouri. 


CHAPTER I. 

INTRODUCTION. 

In the preceding chapters of this work the elements of 
national government have been given with some degree 
of detail. In the following pages will be found the salient 
features of the government of Missouri as they have been 
embodied in the constitution and laws of the State. 

The States.— Each State maintains a separate govern¬ 
ment of its own. Each has a constitution which pre¬ 
scribes, in a general way, the duties, rights, and privileges 
of its citizens, and outlines the powers, duties, and limi¬ 
tations of its legislative, executive, and judicial officers. 
Each of the Thirteen Colonies became a State with power 
to manage its own local affairs, and each retained in its 
fundamental law such provisions as to details of organ¬ 
ized government as its own history and experience seemed 
to justify. In many respects the State is closer to the in¬ 
dividual citizen than the National Government, and hence 
it may the more readily bring the means of protection and 
relief. 

The Nation.— Experience soon taught the people the need 
of some central authority to take charge of the interests 


2 


THE GOVERNMENT OF MISSOURI 


which were common to all the States. Such matters as 
naturalization, trade among the States, and the carrying 
of the mail gave rise to many perplexing questions. Out 
of this lack of singleness of power and authority compli¬ 
cations arose which greatly endangered the peace of the 
colonies and threatened the trade with other nations. 
After several unsuccessful attempts to agree upon a plan 
of general government, the present National Constitution 
was formed and adopted. Each State surrendered control 
of those interests which were common to all the States, 
while the States or the people retained all powers not dele¬ 
gated to the general government. The Nation did not 
delegate powers to States, but the people of the States 
delegated certain powers to the Nation. The Constitution 
of the United States expressly declares that u the powers 
not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States, 
respectively, or to the people. ” (Amendment X.) Again 
it says: “ The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others 
retained by the people. ’ 5 (Amendment IX.) All power, 
then, originates with the people, and is retained by them 
unless they choose and agree to surrender it. 

State Jurisdiction.—The larger portion of the functions 
of government rests with the States. “ They are the 
chief creators of law among us. They are not only the 
chief constituent units of our political system, but are 
also self-directive units. They make up the mass, the 
body, the organic stuff, of the Government of the coun¬ 
try. ’ ’’ (W oodrow Wilson.) Among the powers retained 
by the States are the regulation of suffrage, education, and 


INTRODUCTION 


marriage; the making of laws for the use, possession, and 
distribution of property; and the enactment and enforce¬ 
ment of most of the criminal laws. The States provide 
courts of justice for the adjustment of property and per¬ 
sonal rights. The States assess and collect the taxes 
needed to defray the cost of local government, take care, 
by means of asylums and other institutions, of paupers, 
insane persons, and the lame and blind and other defec¬ 
tives. Most States regulate by law, railroad, insurance, 
and express companies, and limit the power of other cor¬ 
porations doing business within their borders. 

National Jurisdiction.—The laws of the Nation take cog¬ 
nizance of such matters as are of general interest, such as 
the coinage of money, the establishment and maintenance 
of post-offices and post-roads, and the granting of copy¬ 
rights and patents. Congress may declare war, raise and 
support armies, establish and maintain a navy, and provide 
for calling forth and organizing the militia. The regu¬ 
lation of commerce with foreign nations and among the 
several States, the adoption of rules for naturalization, and 
the collection of duties, imposts and excises, are subjects 
left also to the National Government. 

The Constitution.—The constitution of a state or coun¬ 
try is its fundamental law. The laws made by the legis¬ 
lature, their enforcement by executive officers, and their 
interpretation by the courts must accord with the provi¬ 
sions of the constitution. According to the best authori¬ 
ties, it should contain the following features: (1) A defi¬ 
nition of the political state; that is, a statement of the 
rights, powers and duties of the voter; (2) The structure 
of the government should be given; that is, it should con- 


4 


THE GOVERNMENT OF MISSOURI 


tain the three departments, legislative, executive, and 
judicial; (3) The limitations of government should be 
stated in the Bill of Rights; (4) Provision should be made 
for the amendment of the constitution. The Constitution 
of Missouri contains all of these provisions, and expressly 
declares that no officer who belongs to one of the depart¬ 
ments of government “ shall exercise any power properly 
belonging to either of the others,” except as otherwise 
directed by the constitution. 

How Made.—Constitutions are usually made by con¬ 
ventions called for that purpose. They may be or they 
may not be ratified by a vote of the people. The first 
Constitution of Missouri was not submitted to a vote of 
the people, but became effective at once without ratifica¬ 
tion. As the members of a constitutional convention are 
selected by the people to do this specific work, the pre¬ 
sumption is that they represent and reflect the will and 
desire of their constituents. The Constitution of a State, 
however, is its fundamental law, and both the science of 
government and the almost universal practice of the States 
require that it be submitted for ratification to the su¬ 
preme authority within the State—the people. 

Number of Constitutions.—Missouri has had three Con¬ 
stitutions. The first was framed and adopted in 1820, prior 
to the admission of the State into the Union. The second, 
which was the outgrowth of the Civil War, was adopted 
in 1865, and the third, which is the constitution now in 
force, was adopted in 1875. Each was framed by a con¬ 
vention composed of delegates elected for that purpose, 
and the second and third constitutions were submitted to 
the people for their ratification. 


INTRODUCTION 


5 


Amendments.—The General Assembly may at any time 
submit amendments to the constitution to a vote of the 
people. To become a part of the constitution they must 
receive a majority of the votes cast upon the question. 
Eighteen such additions have been made to the constitu¬ 
tion now in force. The General Assembly may also sub¬ 
mit to a vote of the people the question of calling a con¬ 
vention for the purpose of revising the Constitution of 
the State. If the proposition is ratified by a majority of 
the votes cast, then an election is held and each senatorial 
district elects two delegates for each senator to which it 
is entitled. The convention thus composed shall revise 
the constitution and submit the same to a vote of the 
people for their ratification or rejection. 

The Present Discussion.—In presenting the local and 
State features of Missouri Government, the smaller units 
will be treated first. The main topics will be the town 
and city, the township, the school, the county, and the 
State as such. The discussion will include an examina¬ 
tion of the method of election, qualifications and duties 
of constables, justices of the peace, and school and county 
officers; of representatives and senators of the Legis¬ 
lature, and of the various State executive officers; the 
classification of local and State courts and the duties 
of the various officers who serve them. 


CI1APTEB II. 


THE PUBLIC SCHOOL. 

Necessity.—In the development of organized govern¬ 
ment the school was one of the first units to receive atten¬ 
tion by the public. At first the minister of the church 
was the teacher of the children of the community; then 
came the private tutor; then the subscription school, to 
which the families of the neighborhood sent their children 
on the payment of a small fee; next the seminary or col¬ 
lege was organized; and finally, the organized public 
school was decided upon as the cheapest, the most effi¬ 
cient, and the most universally acceptable. Thus the ne¬ 
cessity for the school found recognition in the acts of the 
Legislature. Laws were made providing for the selection 
of school officers, the regulation of attendance, and the 
assessment and collection of school revenues for the erec¬ 
tion of schoolhouses and the payment of teachers. The 
parents “ were only too glad to turn their children over to 
this special educational agency, which they feel can render 
far better service than their homes can afford.” (Small 
and Vincent.) 

Establishment.—The Constitution of Missouri provides 
that “ the General Assembly shall establish and maintain 
free public schools for the gratuitous instruction of all 
persons between the ages of six and twenty years. ” With 


THE PUBLIC SCHOOL 


7 


a view to accomplishing this purpose, a school system has 
been organized which reaches every section of the State. 

School Districts.—For educational purposes, the county 
is divided into school districts, provision being made for 
separate schools for the two races. A public school must 
be maintained in each district for at least six months of 
the scholastic year, provided forty cents on the one hun¬ 
dred dollars’ assessed valuation of property, together 
with the public funds, shall be sufficient to defray all 
expenses. Districts neglecting or refusing to comply 
with this requirement are deprived of all public money 
for that year. 

Size and Shape.—The only limitation as to size of the 
district is that it shall contain at least twenty pupils of 
school age. A colored school may be organized, how¬ 
ever, if there are fifteen such pupils in the district. No 
regular shape is prescribed, but the boundaries are fre¬ 
quently determined by water-courses, farms, section lines, 
and other elements of convenience. 

Annual Meeting.—On the first Tuesday in April the 
qualified voters of the district meet in annual session to 
transact certain public business. They determine the 
length of the school term, if it is to exceed six months, 
and fix the rate of tax, if any, in excess of forty cents 
on the one hundred dollars. They vote money for the 
purchase of books for the library, and determine any pro¬ 
posed changes in the boundaries of the district. They 
direct the sale of property no longer needed for school 
purposes; and in election years they vote for County 
School Commissioner. If a schoolhouse is to be erected 
or a site selected, they also determine these questions as 


8 


THE GOVERNMENT OF MISSOURI 


directed by law. They select by ballot one director who 
is to serve for three years, and if a vacancy exists in 
the board of directors, they fill it ill the same manner. 

Board of Directors.—The management of the school 
is vested in a board of directors composed of three 
members, elected by the qualified voters of the district. 
They serve for a term of three years, one being elected 
every year. Each director must be a citizen of the United 
States, a qualified voter of the district and a resident tax¬ 
payer, and must have paid a State and county tax within 
one year next preceding his election. The officers of the 
board are a president and a district clerk, the former 
being a member of the body. 

Duties and Powers.—It is the duty of the board to em¬ 
ploy a legally qualified teacher, to fix his compensation 
and term of service. The board must provide fuel, care 
for the school property, and purchase maps, globes, and 
other necessary apparatus. It makes needful rules and 
regulations for the organization, grading, and manage¬ 
ment of the school, and has power to suspend or expel 
pupils for disorderly conduct. It manages the financial 
interests of the district, being limited only by the law 
and the will of the people as expressed at the annual 
meeting. 

District Clerk.—The District Clerk is selected by the 
board of directors. It is his duty to keep a record of all 
annual and special meetings of the voters of the district, 
and also of the proceedings of the board. He files election 
notices, teachers’ certificates and contracts, and other 
papers. On or before the fifteenth of July, he must make 
to the county commissioner a detailed report concerning 


THE PUBLIC SCHOOL 


9 


the school, including a census of the school population, the 
value of the school property, and the items of expense in 
running the school. He furnishes the teacher with a prop¬ 
erly ruled register in which to keep such items of enroll¬ 
ment as are required by law. 

School Periods.—In Missouri six hours of actual work 
constitute a school day; five days make a school week; 
four weeks a school month; and from six to ten months a 
term. The school year begins on the first of July and 
ends on the thirtieth day of June following. The school 
holidays are Thanksgiving Day, December 25th, February 
22nd, and the Fourth of July, and the teacher gets pay 
for these when they fall upon school days. 

Village Schools.—A city, town, or village, or a district 
having two hundred or more children, may organize into 
a school district possessing special privileges. The board 
of directors in this case is composed of six members, two 
of whom are chosen every year for a term of three years. 
The officers of the board are president, vice-president, sec¬ 
retary and treasurer. The term of school in such districts 
cannot be less than seven nor more than ten months, pro¬ 
vided the funds are sufficient to defray the expenses. 

Elections.—In village districts the school elections are 
held at the same time as in other districts, but the polls 
are open from seven o’clock in the morning until six o’clock 
in the afternoon. Judges and clerks of election are ap¬ 
pointed as in case of county elections; but in cities of 
more than two thousand and less than one hundred thou¬ 
sand inhabitants, the election shall be held at the same 
time and place as the election of municipal officers, and 
the same judges and clerks may serve for both. 


10 


THE GOVERNMENT OF MISSOURI 


Powers of Boards.—Tillage, town or city boards of di¬ 
rectors may annex entire districts or parts of districts 
whenever the citizens of such districts shall determine in 
favor of the same. In cities of more than five thousand 
and less than one hundred thousand inhabitants they may 
purchase sites for school offices, libraries, and school- 
houses, and direct the sale of real estate belonging to 
the district. They may also accept gifts and donations 
for the endowment of libraries and for the purchase of 
books. 

Finances.—The financial theory of the public school 
system is based upon the doctrine that all property should 
be taxed for the support of schools, irrespective of private 
interests or individual preferences. This theory is justi¬ 
fied upon the ground that education is a public good, im¬ 
proving the industrial and financial conditions, develop¬ 
ing a better character of citizenship, and bringing to the 
individual knowledge and power, which add greatly to his 
productive capacity. Hence the expense of maintaining 
a system of schools is assessed against all property in 
proportion to value. 

State Fund.—There is a permanent fund derived from 
several sources and invested in the bonds of the State and 
in certificates of indebtedness against the State. These 
certificates, which amount at this time to about four 
and a half million dollars, draw interest at the rate 
of five and six per cent, per annum. The income of 
this fund is distributed annually to the counties of the 
State. 

County Fund.—Then there is a permanent county fund 
which is derived (1) from interest on invested school funds, 


THE PUBLIC SCHOOL 


11 


(2) from the sale of estrays, (3) from penalties and for¬ 
feitures, (4) from fines for breach of the penal or military 
laws of the State, and (5) from all moneys paid for exemp¬ 
tion from military duty. The County Court is required to 
lend this fund “for the highest interest that can be ob¬ 
tained, not exceeding eight nor less than four per cent, 
per annum.” The proceeds of the fund are apportioned 
each year by the County Court to the several districts, 
basing the distribution upon the number of children 
resident therein. 

Township Fund.— This fund is derived from the sale 
of the sixteenth section, or lands selected in lieu of it, 
all rents and profits derived from such lands, and 
all interest and profits arising from the capital of the 
fund. The County Court keeps a separate account 
with each township, and lends the fund under the same 
restrictions as are provided in the case of the county 
fund. 

Special District Fund. —Many of the school districts of 
the State have special funds, arising “from grant, gift, 
device or special legislation.” 

Appropriation. —Under the constitution the Legislature 
is authorized to appropriate not less than twenty-five per 
cent, of the entire State revenue to the support of the pub¬ 
lic schools. For many years one-third of the revenue has 
been set apart for this use. 

Tax Levy. —All school districts are allowed to levy as 
much as forty cents on the one hundred dollars’ assessed 
valuation without a vote of the people. In cities and 
towns the rate may be increased by a vote of the tax-pay¬ 
ers to one dollar on the hundred dollars, and in other dis- 


12 


THE GOVERNMENT OF MISSOURI 


tricts it may be increased to sixty-five cents on the one 
hundred dollars’ valuation. 

Teachers.— There are certain qualifications which teach¬ 
ers must possess before they are allowed to teach in the 
public schools of Missouri. They must pass a satisfactory 
examination upon the common school branches and be of 
good moral character. 

Examination.— There is a board of education in each 
county, composed of the County Commissioner and two 
other persons, one appointed by the County Court, and 
the other appointed by the State Board of Education, 
whose duty it is to examine applicants for teachers’ 
licenses. The questions are prepared by the State 
Superintendent, and three examinations are held each 
year. 

Grades of Licenses.— Three grades of county certificates 
are issued, third grade, second grade and first grade, good 
for one, two and three years, respectively. To secure a 
third-grade certificate, the applicant must make an aver¬ 
age of eighty upon spelling, reading, writing, language 
lessons, geography, arithmetic, grammar, United States his¬ 
tory, civil government, physiology and pedagogy. To se¬ 
cure a second-grade certificate, the applicant must, in addi¬ 
tion to the subjects just enumerated, pass also in algebra 
and literature, and make an average upon the entire list of 
eighty-five. To secure a first-grade certificate, the appli¬ 
cant must include in his examination, in addition to the 
subjects named, one division of history and one of natural 
science, and maintain an average of ninety. Graduates of 
the state normal schools and of the teachers’ college at 
Columbia are given diplomas which are unlimited licenses 


THE PUBLIC SCHOOL 


13 


to teach in any county in the State. Certificates given 
on completion of the elementary courses in these institu¬ 
tions are also teachers’ licenses, limited to two years. 
The State Superintendent also issues a limited license 
good for five years, in addition to a State certificate 
which is valid for life. 


CHAPTER III. 


CITIES, TOWNS AND VILLAGES. 

Functions. —County and township organizations do not 
satisfy all of the needs of all of the people. Some por¬ 
tions of territory become more densely populated than 
others, forming what are known as cities, towns and vil¬ 
lages. More elaborate organizations of government be¬ 
come necessary to meet the demands of these compactly 
formed communities. 

Relation to County. —With the exception of St. Louis, 
every city, town and village is an integral part of some 
county of the State, and its inhabitants are subject to the 
jurisdiction of county officials. The citizens of the town 
pay State and county taxes, take part in the election of 
county officers, and also enjoy all of the benefits arising 
from the county organization. 

Nature of Government.— The city or town does not pre¬ 
sent an example of perfectly organized government, since 
it possesses only limited legislative powers. The Legis¬ 
lature of the State prescribes very largely the rules and 
regulations for its management, the city making laws 
upon such matters as arise from peculiar and exclusive 
local needs, limitations and conditions. Its legislative 
body is subject to the rules prescribed by the State, while 
it concerns itself with matters of local interest, such as 


CITIES, TOWNS AND VILLAGES 


15 


the care of streets, the building of parks and the collec¬ 
tion of taxes for the payment of local expenses. The laws 
of the State delegate powers and prescribe limitations 
within which the functions of the city must be exercised. 
Health regulations are needed, streets must be made, and 
police protection provided. Water and lighting systems 
must be installed and regulations made concerning travel 
and transportation. Public libraries, hospitals and other 
institutions are needed and established. Laws are made 
which prohibit gambling within the limits of the city, 
which prevent or regulate the sale of intoxicants, and 
which provide for the punishment of those who violate 
the ordinances of the city. 

Classes.— The General Assembly, by the authority of 
the constitution, has provided for the organization of 
cities into four classes; viz., first, second, third and fourth. 
All cities of any class possess the same general powers, 
and are governed by the same general laws. 

First Class.—A ll cities and towns containing one hundred 
thousand or more inhabitants. 

Second Class. —Those containing thirty thousand and less 
than one hundred thousand inhabitants. 

Third Class. —Those containing three thousand and less 
than thirty thousand inhabitants. 

Fourth Class. —Those ranging in population from five 
hundred to three thousand, and towns organized under 
special charters. 

Villages. —A class known as villages is recognized by the 
laws of the State, and includes all towns with less than 
five hundred inhabitants, except those organized under 
special charters. 


16 


THE GOVERNMENT OF MISSOURI 


Many of the cities and towns of the State have not taken 
advantage of this provision, but they remain under the 
organization they had before the adoption of the last con 
stitution. 

Incorporation.—Any city or town organized under any 
general law or special charter may, by a vote of its people, 
elect to become a city of the class to which its population 
will entitle it. It is then governed by the general laws 
prescribed for cities of its class. In the case of a village 
the County Court has the power to declare its incorpora¬ 
tion on the petition of two-thirds of its inhabitants. 

Corporate Powers.—Incorporated cities have the power 
of perpetual succession; they may sue and be sued; plead 
and be impleaded; defend their interests in court and be 
defended; they may purchase and hold personal and real 
property and dispose of the same; receive gifts and dona¬ 
tions, and hold a common seal which may be changed at 
pleasure. 

Legislative.—Cities elect legislative, executive and judi¬ 
cial officers, but the scope of their power varies with 
the number of inhabitants. In cities of the first class 
the legislative body is known as the Municipal Assem¬ 
bly. It consists of two branches—the Council, composed 
of thirteen members, elected from the city at large, 
and the House of Delegates, composed of one member 
from each ward, elected by the voters thereof. In cities 
of the second class the legislative power is vested in the 
Common Council. This body is composed of two Aider- 
men from each ward, one being selected by the voters of 
the city at large, and the other being elected by the voters 
of the ward. In cities of the third class the legislative 


CITIES, TOWNS AND VILLAGES 


17 


body is known as the Council. It is composed of two 
Aldermen from each ward, selected by the qualified voters 
thereof. In cities of the fourth class the legislative power 
is vested in a Board of Aldermen composed of not less than 
four members. 

Executive. —Provision is made in all cases for a chief ex¬ 
ecutive officer whose duty it is to see that the laws and 
ordinances of the city are duly enforced. In cities of each 
class this power is vested in the Mayor, who is elected by 
the qualified voters. His powers are greater and his duties 
more numerous in cities of the higher classes. 

Judicial .—The judicial power, the power to interpret 
and apply the law, is vested in the Police Judge. In 
cities of the first class two Police Judges are appointed 
by the Mayor; in those of the second and third classes, 
one Police Judge is elected by popular vote; and in cities 
of the fourth class the Mayor performs these duties unless 
provision is made by ordinance for the election of a Judge 
by the people. These officers are the conservators of the 
peace in their respective cities, and have power to assess 
fines for the violation of ordinances. 

Villages. —Tillages have a very simple organization. 
Both legislative and executive functions are vested in the 
Board of Trustees of the village, while the chairman of 
the board hears and determines offenses against the laws 
of the town. 

Special Charters.— Many cities and towns have been 
organized under special laws or charters. These may re¬ 
main under their present form of government or elect to 
organize under the general laws for the class to which 
they naturally belong by reason of their population. By 
2 


18 


THE GOVERNMENT OF MISSOURI 


authority of the Constitution, cities having more than one 
hundred thousand inhabitants may frame and adopt a 
charter of their own, provided the charter does not 
violate the laws or Constitution of the State. St. Louis 
and Kansas City have taken advantage of this provision 
and are working to-day under special charters. 


CHAPTER IV. 


THE CONGRESSIONAL TOWNSHIP. 

Defined. —The word township as used in this chapter is 
a term employed in the land surveys of the United States 
to designate a division of land six miles square and con¬ 
taining thirty-six sections. 

Public Lands.—By treaty, cession, conquest and pur¬ 
chase, the United States Government has acquired large 
areas of public land. “ To speak in round numbers,” says 
Hart, “ the original area of the United States was doubled 
by the Louisiana cession; almost as much was added out 
of Mexican territory; and Oregon and Alaska together 
make up the fourth quarter of the present area. ” Among 
the provisions granted to Congress by the Constitution 
was the power to dispose of the public lands. In the ex¬ 
ercise of this power, the National Government has disposed 
of thousands of acres to individuals, States, towns, cor¬ 
porations and educational and benevolent institutions. 
In the Western country there are still large areas of land 
belonging to the Government and still subject to home¬ 
stead and cash entry, but in Missouri the better lands have 
been taken up. However, there are at this time 420,000 
acres of land yet open to entry by individuals. 

Land Surveys. —But before these lands could be trans¬ 
ferred to others it was necessary that they should be sur- 


20 


THE GOVERNMENT OF MISSOURI 


veyed and properly marked or designated. The system 
known as the “ triangular system ” of surveys was adopted 
by the United States, by which the lands are marked off 
into ranges, townships, sections and parts of sections. By 
this means tracts of land are definitely located and de¬ 
scribed, and records properly made and easily read. De¬ 
scriptions of the original Government surveys are kept in 
the land offices established in different parts of the coun¬ 
try. Three of these are located in Missouri, at Boonville, 
fronton and Springfield. 



Townships.—Base lines and prime meridians have been 
established at convenient distances. Base lines extend 
east and west and meridians north and south, cutting each 
other at right angles. From these as starting points other 
lines are surveyed six miles apart, forming what are known 
as townships. A township, therefore, is six miles square 
and contains thirty-six square miles or sections. Town¬ 
ships are designated by their number north or south of 
the base line. See Figs. 1 and 2. 





THE CONGRESSIONAL TOWNSHIP 


21 


Ranges.—A series of townships extending north or south 
of the base line constitutes what is known as a range. The 
range is named by its number east or west of the principal 
meridian; as range 1, east; range 3, west, etc. See 
Fie:. 1. 


6 

5 

4 

3 

2 

1 

7 

8 

1 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


Fig.2. 

TOWNSHIP DIVIDED INTO SECTIONS 


Sections.—A section is one of the square miles of a town¬ 
ship and contains six hundred and forty acres. It is di¬ 
vided into halves, or tracts of three hundred and twenty 






NORTHEAST 

WEST 

FOURTH 


160 

HALF 

ACRES 

320 

N .'/2 S.E,'A 


80 

ACRES 

ACRES 

8. w. 'A 

S. E. 'A 


ofS.E. 'A 

of S. E. ’4 


40 ACRES 

40 ACRES 


Fig.3. SECTION SUB-DIVIDED 

acres; quarters, or one hundred and sixty acre tracts; one- 
half of a quarter, representing eighty acres; and one-fourth 
of a quarter, or forty acre lots. See Fig. 3. Attention is 


















22 


THE GOVERNMENT OF MISSOURI 


called to the method by which the sections are numbered. 
Beginning in the northeast corner of the township, they 
are numbered from east to west and from west to east. 
See Fig. 2. 

Locating Lands.— It will be seen that all lands thus sur¬ 
veyed and designated may be definitely described by this 
system. A tract of forty acres, for example, may be de¬ 
scribed as the southwest fourth of the southeast quarter 
of section 16, township 3, range 1, west. See diagram, 
Fig. 3. 

Missouri Lines.— The prime meridian from which the 
ranges in Missouri are surveyed and numbered begins at 
the mouth of the Arkansas river, and extends north 
through our State, passing thirty-six miles west of St. 
Louis. The base line from which townships in Missouri 
are numbered extends through the northern part of Ar¬ 
kansas, just south of Little Rock. 

Marking Lines.— "When the original surveys were made 
the lines were marked in such a way that they could be 
easily followed or retraced whenever necessary. ‘‘ Sight 
trees, ’ ’ which are those that intercept a line, w T ere marked 
with two notches on either side. Trees standing near the 
line were marked in such a way as to point toward the line 
of the survey. Descriptions of these objects are made a 
part of the field notes of the surveyor and are open to 
inspection at any time. 

Corners. —Corners are established to mark the town¬ 
ships, sections, and quarter-sections. Trees, posts and 
stones are most commonly used, but mounds of earth are 
also employed when other means are not available. The 
law requires the surveyor to perpetuate these corners by 
the use of the best means at his command. 


THE CONGRESSIONAL TOWNSHIP 


23 


Records.— Complete records of the titles to all real estate 
in a county are kept at the county seat in the office of the 
Recorder or Circuit Clerk. To be valid, all sales, deeds 
of trust, and all mortgages of whatever kind must be filed 
with the Recorder of the county in which such lands are 
located to be recorded by him. All such instruments take 
effect from the time they are filed for record. Books are 
provided by the county in which all deeds of every kind 
are recorded. 

Conveyances.— Conveyances of lands or interests therein 
“may be made by deed executed by any person having 
authority to convey the same.” This includes proof or 
acknowledgment before a justice of the peace of the 
county where the real estate is located, by a notary pub¬ 
lic, or by a judge or a clerk of a court having a seal. 


CHAPTER Y. 


THE MUNICIPAL TOWNSHIP. 

Defined.—For convenience in the administration of gov¬ 
ernment, the county is divided into municipal townships, 
each of which is a unit in local government. By this 
means a closer protection of property and person is pro¬ 
vided, and the needs of the people are subserved in many 
other ways. The County Court determines the number 
of townships in any county, designates each by name, and 
fixes the boundaries as directed by law. In the exercise 
of its functions as a unit of government the township 
(with the exception of such counties as adopt “ township 
organization ”) employs the time of but two officials, the 
Justice of the Peace and the Constable. 

Justice of the Peace. —The Justice of the Peace is the 
judicial officer of the township. He is elected by the peo¬ 
ple of the township for a term of four years, but he re¬ 
ceives his commission from the County Court. He must 
be a citizen of the United States, an inhabitant of the State 
one year, and a resident of the township at least six months 
immediately preceding his election. In townships of one 
hundred thousand inhabitants he must have been an in¬ 
habitant of the State two years and a resident of the dis¬ 
trict or township twelve months. 

Number— Every township is entitled to two Justices of 
the Peace. If the township contains a city of two thou- 


THE MUNICIPAL TOWNSHIP 


25 


sand people and less than one hundred thousand, then 
said city shall be given an additional Justice of the Peace. 
If it contains a city of one hundred thousand and less than 
three hundred thousand, the township is divided by the 
County Court into districts not exceeding eight in number, 
and the voters of each district elect one Justice of the 
Peace. 

Powers and Jurisdiction. —The powers of the Justice are 
confined largely to civil cases, but persons charged with 
criminal offenses may be bound over by him to be tried 
by a higher court. Ilis jurisdiction extends throughout 
the county for which he has been chosen: (1) “ To cause to 
be kept all laws made for the preservation of the peace; 5 ’ 
(2) To bring before him persons who break the peace and 
commit them to jail or bind them over, as the case may 
require; (3) To cause the arrest of persons who attempt 
to break the law or who are not of good fame, and require 
security for their good behavior. He has jurisdiction in 
actions for the recovery of money when the sum involved, 
exclusive of interest and costs, does not exceed two hun¬ 
dred and fifty dollars; and in all actions for damages 
against railroads for killing or injuring stock within the 
county, without regard to the amount involved. In 
cities of fifty thousand people his jurisdiction extends to 
cases which involve a money consideration of three hun¬ 
dred dollars, and to actions against railroads as stated 
above. 

Constable. —One Constable is elected in each township 
by the qualified voters thereof for a term of two years. 
If the township has been divided into Justice of the Peace 
districts, then an additional Constable is elected for each 


26 


THE GOVERNMENT OF MISSOURI 


of such districts. lie must reside in the township or dis¬ 
trict for which he is elected. 

Bond. —Every Constable must give a bond to the State 
for the faithful discharge of his duties as an officer, includ¬ 
ing the execution of all processes directed to him and the 
payment of all moneys belonging to others received by him 
by virtue of his office. 

Duties and Powers. —“ Constables may serve warrants, 
writs of attachment, subpoenas and all other processes, 
both civil and criminal, and exercise all other authority 
conferred upon them by law throughout their respective 
counties.” (Statutes.) His duties are similar to those 
of a Marshal of a town or, in a limited way, to those of 
the Sheriff of the county. 

Compensation. —Constables and Justices of the Peace 
are paid by fees, the amount being fixed by law for each 
service rendered. In cities of fifteen thousand and less 
than thirty-five thousand, and lying wholly within one 
township, except those under special charters, all fees col¬ 
lected by these officials for services in criminal cases are 
turned into the county treasury, and in lieu thereof the 
County Court allows them each fifty dollars per month. 

Township Organization. —By the adoption of what is 
known as “ township organization,” a large share of local 
government is attended to by township officials. They 
assess and collect the taxes, make and repair the roads, 
and look after many other matters of local need. On pe¬ 
tition of one hundred legal voters asking for such organiza¬ 
tion, the County Court must submit the question to a vote 
of the people of the county at the next general election. 
If a majority of the votes cast in the election favor the 


THE MUNICIPAL TOWNSHIP 


27 


change, then on the last Tuesday in March following, offi¬ 
cers of the townships are selected by popular vote. 

Elections.— All regular elections are held on the last 
Tuesday in March on alternate years. Such elections 
must conform to the general law regulating the election 
of State and county officers. All citizens of the township 
who are qualified to vote at the general election and who 
have resided in the township sixty days are entitled to 
vote at such elections. 

Officers.— Township officers are elected for a term of two 
years. They must be qualified voters and residents of the 
township. Each must swear or affirm that he will faith¬ 
fully discharge the duties of the office to which he has been 
elected. The following are the officers under township 
organization: One Trustee, who is also Treasurer of the 
township; one Township Collector; one Township Clerk, 
who is also Assessor; one Constable; two members of the 
Township Board; and two Justices of the Peace. The 
same persons may be members of the Board and Justices 
of the Peace at the same time; and the Constable may 
be Collector also. Townships having more than two 
thousand inhabitants may elect one additional Justice of 
the Peace for every two thousand inhabitants until the 
population reaches six thousand. 

Powers. —The township thus becomes a body corporate, 
and may sue and be sued; purchase and hold real estate 
within its own limits for the use of its inhabitants; make 
such contracts and purchase such personal property as may 
be necessary to the exercise of its administrative functions; 
make such use of its corporate powers as will best serve 
the township; and purchase at public sale any real estate 


28 


THE GOVERNMENT OF MISSOURI 


that may be necessary to secure any debt to the town¬ 
ship. 

Board of Directors. —The Board of Directors of the town¬ 
ship is composed of the Trustee and the two members 
elected by the people. This board audits “all accounts 
of township officers for service,” except the Township 
Assessor, whose fees are paid by the county and the 
State; audits all other accounts legally presented against 
the township; and levies “ all taxes for township, road and 
bridge purposes. ” Three regular meetings are held each 
year at the office of the Township Clerk. Accounts may 
be filed with the clerk at any time, but the board must 
determine the legality of each claim and reject or allow 
it in whole or in part. 

Clerk-Assessor.—The Clerk has charge of the records, 
books and papers of the township. Under direction of 
the Township Board he provides all necessary stationery 
and record books. He is also Clerk of the Board of Direc¬ 
tors, and as such keeps a record of its official acts and pro¬ 
ceedings. As ex-officio Township Assessor, he makes out 
and delivers to the County Clerk a detailed assessment of 
the property of his township, personal and real, including 
also the names of persons, companies and corporations 
owning the same. 

Collector.—It is the duty of this official to collect the 
taxes of the township. Upon receiving the tax-book from 
the County Clerk, the Collector proceeds at once to collect 
the taxes named therein by calling upon each person at 
his place of residence. The State and county tax collected 
by him is turned over to the County Treasurer, and all 
moneys intended for schools, for township expenses, and 


THE MUNICIPAL TOWNSHIP 29 

for road and bridge purposes, are paid over to the Town¬ 
ship Treasurer. 

Trustee-Treasurer.— The Trustee may bring suit in the 
name of the township for the recovery of penalties and 
forfeitures given to it by law. It is his duty also, on occa¬ 
sion, to “ employ counsel to prosecute or defend any suit 
to which the township is a party.” As Treasurer, he 
must keep a correct account of all moneys received by 
him, naming the source of the same and the amount. He 
can pay out money only on order of the Township Board 
of Directors, and a correct account must be kept of the 
amount, to whom paid, and on what account. Plis books 
must show the amount on hand belonging to the road fund, 
and also the sum belonging to each school district in the 
township. Annual settlements are made with the County 
Clerk and the County Treasurer. 

Conclusion.— The “ township organization” plan, as 
outlined above, cannot be said to be popular in Missouri. 
Only seventeen counties have adopted it. The reasons for 
this unpopularity are: (1) The system involves an increase 
of officers in the county, and hence some additional ex¬ 
pense; (2) the county system, supplemented by the limited 
township system as given in the first part of this chapter, 
has been in use since the organization of the State and 
has given general satisfaction. 


CHAPTER VI. 


THE COUNTY. 

Introductory. —So far we have considered the smaller 
units of local government: The school; cities, towns and 
villages, and the township. Each of these contributes 
certain features to the sum total of government, but the 
list is not complete. We come now to the county, which 
is more complete in its organization and more extensive 
in its functions. Its service satisfies more of the needs 
of the people, and brings a closer protection to person and 
property. The care of the poor and the indigent insane, 
the building of roads and bridges, and the collection of 
taxes demand attention and service. 

Relation to State. —The laws of the State are largely 
administered through the county organization. County 
officials are charged with the enforcement of the criminal 
laws made by the State Legislature; and justice is admin¬ 
istered, in the first instance, through local courts. Elec¬ 
tions, both State and county, are conducted by county 
authorities, while the revenue needed to pay the expenses 
of the State organization is gathered up by the county 
collectors. Representatives in the Legislature are selected 
from the counties or from the county districts, and State 
Senators represent districts composed of a number of 
counties. It will thus appear that the county is the 


THE COUNTY 


31 


medium through which the State reaches the individual 
citizen,—the medium through which the State administers 
its authority. 

Boundaries.— Missouri contains 114 counties, and the 
city of St. Louis, which sustains the relation of a county. 
In the Statutes of the State will be found the boundaries 
of the counties as they have been fixed and adopted by the 
General Assembly. New counties cannot be established 
nor old ones changed without the consent of the counties 
concerned. The constitution prescribes definite limita¬ 
tions and restrictions upon these points. (Art. 9, sections 
3 and 4.) 

County Seat.— The center of the county government is 
the county seat, where the official business of the county 
is transacted. Here the county offices, the court house 
and the jail are located and most of the county officials 
have their residence. The County, Probate and Circuit 
Courts transact their official business in the court house, 
where the records are filed and preserved. All land 
deeds, titles and mortgages are also kept here in books 
prepared for the purpose. 

Officers.—The officers of the county are selected by the 
vote of the people, the election, with the exception of the 
School Commissioner, being held on the second Tuesday 
after the first Monday in November, the time of the gen¬ 
eral election. Some are elected for two years and some 
for four, but in all cases the incumbent holds the office 
until his successor is elected and has qualified. Each 
officer must give a bond for the faithful discharge of 
his duties. The officers are as follows: Three County 
Judges, a County Clerk, Assessor, Collector, Treasurer, 


32 


THE GOVERNMENT OF MISSOURI 


Circuit Clerk, Recorder, Surveyor, Sheriff, Prosecuting 
Attorney, Coroner, Public Administrator, Probate Judge 
and School Commissioner or Superintendent of Schools. 
Buchanan County has a County Auditor and Jackson 
County a Marshal. 

County Court.—The County Court is the chief adminis¬ 
trative authority of the county. It is composed of three 
Judges; one, the Presiding Judge, elected from the county 
at large for a term of four years, and one elected from 
each of the two districts of the county for a term of two 
years. They must be at least twenty-four years of age, 
and must have been citizens of the United States for 
five years, and residents of the county for one year pre¬ 
ceding their election. This court has charge of all the 
property belonging to the county, and may purchase or 
sell any property, goods or chattels for the county. 
It audits all claims against the county, and directs the levy 
of taxes for county purposes; it hears and determines ap¬ 
plications for new roads, orders the roads opened and 
determines the width of the same. It divides the county 
into road districts, and appoints for each district a board 
of three Road Commissioners, who have charge of road 
repairs within their respective territories. At the May 
Term the court apportions to the following uses all rev¬ 
enues of the county: (1) The payment of the necessary 
expenses for the care of paupers and insane persons; 
(2) the pay of Road Overseers, the repair of roads, and the 
building of bridges; (3) the payment of such salaries of 
county officers as must be met by the county; (4) the 
payment of the fees of jurors, petit and grand, fees of 
election judges and clerks, and fees of witnesses; (5) the 


THE COUNTY 


33 


ordinary current expenses of the county, “ designated as 
the contingent fund.” This court may also license sa¬ 
loons and other businesses, billiard and other gaming 
tables. 

County Clerk. —The County Clerk must be a citizen of 
the United States, above the age of twenty-one years; he 
must have been a resident of the State u one whole year,” 
and of the county three months. He keeps a record of 
“ the judgments, rules, orders and other proceedings ” of 
the County Court. He attests all processes and affixes 
thereto the seal of his office; keeps an account of all 
moneys received, ‘ ‘ and punctual^ pays over the same. ’’ 

Circuit Clerk.— The Circuit Clerk keeps a record of the 
proceedings of the Circuit Court of his county. He makes 
the dockets of the Circuit Court, including (1) all civil 
cases for trial, (2) all return cases, both triable and non- 
triable, and (3) all criminal cases. He keeps the seal and 
other property of his office, administers oaths, and per¬ 
forms many other public services. 

Recorder.— The Recorder of Heeds keeps in suitable 
books a long list of records required by law: “ First, all 
deeds, mortgages, conveyances, deeds of trust, bonds, 
covenants, defeasances, or other instruments of writing; ” 
second, all papers and documents from Spanish and French, 
authorities concerning goods, lands and tenements; third, 
all marriage contracts and certificates; fourth, all official 
bonds and commissions required by law to be recorded; 
fifth, a list of the births in the county. In counties of ten 
thousand inhabitants the County Court may separate the 
offices of Recorder and Circuit Clerk; in all other counties 
the duties of both offices are performed by the latter. 

3 


34 


THE GOVERNMENT OF MISSOURI 


Sheriff.—The Sheriff is the peace officer of the county, 
and as such he is authorized to preserve the peace of the 
community and to enforce the observance of the laws. He 
serves writs and processes issued by the courts, “ includ¬ 
ing writs of replevin, attachments, and final processes 
issued by Justices of the Peace.” He has authority to 
quell assaults, 4 4 riots, routs, affrays and insurrections, ’ ’ 
and to arrest villains, ruffians, malefactors and crim¬ 
inals, and commit them to jail or require them to keep 
the peace. In the smaller counties the Sheriff is also the 
Collector of the County. 

Coroner. —It is the duty of the Coroner to inquire ‘ 4 into 
the cause of any violent, sudden or mysterious death ’ ’ in 
the county. The investigation is made before a jury of 
six men, with a view to determine whether the person 
died by some accident or by the malicious act of another; 
if by the former, whether by the act of man and the man¬ 
ner thereof; if by the latter, who was the principal and 
who were the accessories ? The Coroner conducts the ex¬ 
amination and signs the report made by the jury. The 
Coroner is also a conservator of the peace throughout his 
county. In case the Sheriff’s office becomes vacant, by 
death or otherwise, the Coroner serves in his stead until 
the vacancy is filled by appointment. 

Assessor.— Between the first day of June and the first 
day of January of each year an assessment is made of all 
the property in the county. The Assessor calls at the 
residence or place of business of each person and makes 
a list of the following classes of property: All real estate; 
all live stock; all farm machinery and implements; all 
household property; money on hand; money in bank or 


THE COUNTY 


35 


other safe place; solvent notes unsecured by mortgage; 
solvent notes secured by mortgage; solvent bonds— 
State, county, city, township, and bonds issued by sol¬ 
vent companies; all other property. All property held 
on the first day of June is subject to taxation for the 
ensuing year. The Assessor’s book, containing the “land 
list,” compiled from the records of the county, and the 
4 ‘ personal property list, ’ ’ must be turned over to the 
County Court by the twentieth day of January. 

Collector.—The County Collector receives from the 
County Court, through the Clerk, a cop} T of the Assessor’s 
books, corrected and adjusted, with the taxes extended 
thereon. He then gives notice that he will meet the tax¬ 
payers at certain places in their respective townships and 
collect the taxes then due. Taxes not paid by the first day 
of January become delinquent from that date, and draw 
a penalty interest of one per cent, a month until paid. 
After the first day of October, the Collector may 4 £ seize 
and sell the goods and chattels of the person liable for 
taxes. ” He is required by law to make a monthly report 
to the County Clerk of all taxes and licenses received 
during the preceding month; and on the fifteenth of the 
month he pays the same into the State and County Treas¬ 
uries. 

Treasurer.— The Treasurer receives all moneys payable 
into the County Treasury, and pays out the same on war¬ 
rants drawn by order of the County Court. He keeps a 
detailed account of all moneys received and disbursed, and 
makes an abstract of the warrants drawn upon the Treas¬ 
ury. He makes settlements with the County Court every 
six months, showing the amount of money in his hands 


36 THE GOVERNMENT OF MISSOURI 

at the time and also the balances of the various funds to 
be accounted for by him. 

Prosecuting Attorney.— This official must be learned in 
the law, a licensed attorney, and enrolled as such, and 
twenty-one years of age. Much of his time is occupied 
with the prosecution of persons charged with crime. lie 
prosecutes all civil and criminal cases where the State or 
county is concerned, defends in suits brought against the 
county, and prosecutes in all actions for the recovery of 
debts, fines and penalties accruing to the county. In cases 
where a change of venue is taken to another county, he 
follows the cases and represents his county’s interests. 
Tie gives his opinion, without fee, to Justices of the Peace, 
to the County Court, and to any Judge thereof, in civil 
and criminal matters where the interests of the county 
are involved. In counties of one hundred thousand in¬ 
habitants or more, the County Court may appoint a County 
Counselor, who shall attend all meetings of that Court 
and give advice and aid in the transaction of the county 
business. 

Surveyor. —The Surveyor runs lines for new roads or¬ 
dered by the County Court, runs lines for the division of 
lands and town lots, and retraces old lines for the benefit 
of interested parties. He keeps a record of the surveys 
made by him or his deputies, including a complete descrip¬ 
tion of all corners established by him. In surveying town 
lots, he describes his lines by directions and distances, 
making use of houses in the immediate vicinity, and by 
prolonging lines to the curbstones and properly notching 
the same. His survevs must be numbered consecutivelv, 
and the magnetic variation under which the lines were 


THE COUNTY 


37 


run must be entered in the field notes. These records are 
finally deposited with the Recorder of Deeds. Copies of 
such records are furnished at any time by the Recorder 
under the seal of his office upon the payment of the fees 
required by law. 

School Commissioner.—The School Commissioner is the 
educational officer of the county. He must be twenty-one 
years of age, a resident of the county for one year, and 
must hold a first-grade license, a normal diploma, or a 
State certificate. He is elected on the first Tuesday in 
April of the odd-numbered years. He reports the edu¬ 
cational statistics of the county to the State Superintend-^ 
ent, is President of the County Board of Education, organ¬ 
izes the County Teachers’ Association, and has general 
charge of it. By a vote of the people, “ county super¬ 
vision” may be adopted, in which case all of the time 
of the Superintendent must be devoted to the schools, 
and he must visit and inspect them throughout the 
county. 

Probate Judge.—The Judge of Probate is especially 
charged with the settlement of the estates of deceased 
persons. Where a will was made by the deceased, the 
Judge follows its provisions in the disposition of the prop¬ 
erty, provided it involves no violation of the law. If no 
will was made by the deceased, then the Judge manages 
the estate according to the law provided for such cases. 
The Probate Judge also appoints guardians for minors 
and persons of unsound mind; attends to the settlement 
of the accounts of curators, guardians and executors; has 
charge of all matters pertaining to apprentices, and may 
solemnize marriages. 


38 


THE GOVERNMENT OF MISSOURI 


Public Administrator.—This official takes charge of es¬ 
tates left without responsible managers, and of children 
and insane persons who have no legal guardians. He also 
administers estates of strangers who die without will, 
heirs or relatives; estates exposed to loss where there is 
no one to administer them; and estates of minors and 
insane persons who have no legal guardian. 

Compensation.— Provision is made for the compensation 
of each county official. Most of them are paid fees which 
are fixed by law for each service. The Prosecuting At¬ 
torney receives both fees and salary, the salary varying 
with the number of people in the county. The Treasurer 
and Surveyor also receive fees, but in addition they are 
given definite amounts for certain services, while the Col¬ 
lector is paid commissions which vary with the amount 
of revenue collected in the county. The Judges of the 
County Court receive, besides mileage, five dollars per 
day for the time actually employed. In the larger coun¬ 
ties, ranging in population from one hundred and fifty 
thousand to three hundred thousand inhabitants, the 
county officers receive stated salaries. T wo of them, the 
Sheriff and Prosecuting Attorney, receive five thousand 
each; three of them, the Marshal, Collector and Treas¬ 
urer, receive four thousand each; while the remaining 
officers receive three thousand each. 

Official Tenure: 

Four Years’ Term. —County Clerk, circuit clerk, recorder, 

assessor, surveyor, probate judge, and 
public administrator. 

Two Years' Term. —Sheriff, coroner, collector, treasurer, 

prosecuting attorney, and school com¬ 
missioner. 


CHAPTER VII. 


THE STATE. 

THE LEGISLATIVE DEPARTMENT. 

Introductory.— V"e come now to a study of the State as 
an organized form of government, with its larger territory 
and greater variety of interests. The State is a source 
of authority to its more limited units. Cities, townships, 
and counties are largely administrative divisions of the 
State—organs to do a specific work. But the smaller units 
cannot legislate for the larger interests of the State. AVe 
must have uniform laws to deal with theft, murder and 
other crimes against society. Laws regulating trade and 
transportation are made by the Legislature and enforced 
by the State’s executives. The organization and man¬ 
agement of corporations, such as railroads, banks, and 
express, mining and insurance companies, must be regu¬ 
lated bv State law. 

«/ 

Branches.— There are three branches or departments of 
State Government—legislative, executive and judicial. 
Laws must be made by some responsible bod}" of author¬ 
ity, hence the existence of the Legislative Department; 
if laws are made, some one must be charged with their 
enforcement, hence we have an Executive Department; 
the attempt at the execution of law gives rise to the need 


40 


THE GOVERNMENT OF MISSOURI 


of its interpretation, hence the Judicial Department is 
provided. The Legislature makes the laws, the executive 
officers enforce them, and the judicial power, vested in 
the courts, interprets and applies them. 

Legislative Power.— The Legislative Power of the State 
is vested in the General Assembly, popularly known as 
the Legislature. It is composed of two houses, the Sen¬ 
ate and the House of Representatives. 

The House.— The House of Representatives consists of 
one hundred and forty-two members, divided among the 
counties of the State and the city of St. Louis as follows: 
Buchanan County, four; Greene, two; Jackson, six; 
Jasper, three; St. Louis, two; city of St. Louis, sixteen; 
and all other counties of the State, one each. Where a 
county has more than one representative, the County 
Court divides it into as many districts as it has Represen¬ 
tatives; while in the city of St. Louis the Circuit Court 
divides the city into districts, so as to give to each dis¬ 
trict not less than two nor more than four Representatives. 
In each case the Representative must reside in the county 
or district, and the people thereof elect. His term of 
office is two years. 

Qualifications.—A Representative must be at least 
twenty-four years of age, and a male citizen of the United 
States; he must have been a qualified voter of Missouri 
two years, and an inhabitant of the county or district for 
one year; he must have paid a State and county tax 
within one year preceding his election. 

Certificate of Election.— The certificate of election, issued 
by the County Clerk, must include the statement that the 
person has paid a State and county tax, as required by law. 


THE STATE 


41 


House Officers.— Certain officers are elected at the begin¬ 
ning of each session. The Speaker is the presiding officer 
of the house; the Chief Clerk and his assistants keep a 
record of the proceedings; the Sergeant-at-Arms keeps 
order; besides these, there are a Doorkeeper, Engrossing 
Clerk, Official Reporter and Chaplain. 

The Senate.— The Senate of Missouri consists of thirty- 
four members, elected by the qualified voters of their re¬ 
spective districts for a term of four years. 

Qualifications. —Every Senator must be at least thirty 
years of age, and a male citizen of the United States; he 
must have been a qualified voter of the State for three 
years, and an inhabitant of the district for one year pre¬ 
ceding his election; he must have paid a State and county 
tax within one year preceding his election. 

Apportionment. —The State is divided into senatorial dis¬ 
tricts, thirty-four in number, and one Senator is selected 
from each of these districts by the qualified voters thereof. 
Counties having more than one Senator are subdivided 
into districts corresponding to the number of Senators to 
which they are entitled. One-half of the Senators are 
elected every two years, the Senate being divided into 
two classes. For the first class, composed of Senators 
from districts having odd numbers, elections will be held 
in 1908, and every four years thereafter ; the second 
class, composed of Senators from districts having even 
numbers, will be elected in 1906 and every fourth year 
following. 

Senatorial Districts. —The following map shows the sen¬ 
atorial districts as they were marked out by the Governor, 
Secretary of State and Attorney-General in 1901: 


42 


THE GOVERNMENT OF MISSOURI 



Election. —Senators and Representatives are elected at 
the time of the general election—the first Tuesday after 
the first Monday in November. In senatorial districts 
composed of more than one county the election returns 
from each county are sent to the Clerk of the county first 
named in the law establishing the district, whose duty it 
is to certify the result to the Secretary of State. It is 
his duty also to issue, under seal of his office, a certificate 
of election to the person receiving the highest number of 
votes. If such person has paid his State and county tax 
as required by law, the Clerk includes this fact in his 
certificate. 

























































THE STATE 


43 


Senate Officers —The Lieutenant-Governor, by virtue 
of his office, is the presiding officer of the Senate; the 
President pro tem. presides in his absence; the Secretary 
and his assistants keep a detailed record of the proceed¬ 
ings; the Enrolling Clerk and the Engrossing Clerk make 
permanent records of the bills that come before the body; 
besides these there are Doorkeeper, Sergeant-at-Arms, Of¬ 
ficial Reporter and Chaplain. 

Oath of Office.— Each member of the General Assembly 
takes an oath to support the Constitution of the United 
States and of the State of Missouri, and to faithfully 
perform the duties of his office; he further swears that he 
will not accept any bribe in any form for the performance 
or non-performance of any duty. 

Compensation. —Members of the General Assembly and 
the President of the Senate are paid for their services as 
follows: 

1. Five dollars per day for the first seventy days and one 
dollar per day thereafter. 

2. During revising sessions they receive five dollars per day 
for the first one hundred and twenty days and one dollar per 
day thereafter. 

3. For all regular sessions each member receives, in addition, 
thirty dollars, in full for stationery, postage, and all other inci¬ 
dental expenses. 

4. They also receive mileage for each session, except those 
called within one day after adjournment. The amount is fixed 
by law for each county. 

5. The speaker of the house, the president pro tem. of the 
senate, and the speaker pro tem. of the house receive in addition 
two dollars for each day’s actual service as presiding officer. 

Making Laws. —The Constitution carefully prescribes 
the method of procedure in the making of laws. The 

following are the salient points: 

1. No law can be passed except by bill, and while amendments 


44 


THE GOVERNMENT OF MISSOURI 


may be made in either house, the original purpose of the bill 
must not be changed thereby. 

2. Bills may originate in either house; and every bill must 
be read on three different days in each house. 

3. With the exception of appropriation bills, no bill must con¬ 
tain more than one subject, and that must be clearly stated in 
the title. 

4. Amendments to a pending bill must be incorporated with 
it by engrossment, and the bill as thus engrossed must be 
printed for the use of the members. 

5. The final vote on any bill must be taken by the yeas and 
nays, the names of those voting on either side being entered on 
the journal. 

6. No law nor act can be amended by designating that certain 
changes shall be made, but definite statement must be made as 
to the changes desired, and then the bill as amended must be 
set forth in full. 

7. No bill can become a law until it has been signed by the 
presiding officer of each house in open session. 

8. The bill is finally presented to the governor for his signa¬ 
ture. It becomes a law if he signs it. If he vetoes the bill, it 
can become a law only by passing each house by a vote of two- 
thirds of the members elected. If he fails to return it within 
ten days, by a joint resolution the bill may be enrolled as an 
authentic act without his signature. 

9. A law takes effect ninety days after the close of the session 
at which it was enacted, unless an emergency clause is adopted. 

Powers of Each House. —The following are some of the 
powers of each house, powers which may be exercised by 
one house without the sanction of the other: Each house 
elects its own officers, judges the election returns, and 
qualifications of its own members; each may punish its 
own members for disorderly conduct; may punish by fine 
or imprisonment other persons for disorderly behavior in 
its presence; by a vote of two-thirds, each may expel its 
own members for cause; each originates bills and each 


THE STATE 


45 


may amend or reject those originating in the other house. 

Exclusive Powers. —Some powers belong exclusively to 
one house. The House of Representatives prefers all ar¬ 
ticles of impeachment, but the Senate tries all impeach¬ 
ments. Appropriation bills originate in the House, but 
this does not interfere in any way with the power of the 
Senate to amend or reject such bills. 

Prohibitions. —Under other constitutions the State was 
liberal in granting aid to railroads and other corporations. 
The powers granted were frequently abused; bonds were 
issued, in some cases, in favor of projected railroads that 
were never built; and taxes became burdensome. The 
people became impatient and distrustful, and the final 
result was that many very stringent restrictions and limi¬ 
tations were placed in the Constitution. Some of them 
are enumerated below: 

1. The general assembly cannot contract a debt on behalf of 
the State, nor issue bonds on its behalf, except (1) in renewal of 
existing bonds when they cannot be paid at maturity; or (2) 
to provide for some unforeseen emergency, and then only under 
certain definite limitations. 

2. It cannot lend the credit of the State to any individual, 
association, or corporation for any purpose whatsoever. 

3. It cannot authorize any city, town, township, or other sub¬ 
division of the State to lend its credit, nor to grant public money 
or other thing of value to any individual, association, or cor¬ 
poration. 

4. Neither can the general assembly grant public money nor 
other thing of value to any person, association, or corporation. 

5. It cannot subscribe stock nor authorize its subscription in 
any corporation or association. 

6. The enactment of local or special laws is prohibited, 
except after thirty days’ notice by publication in the locality 
concerned. “It would be impossible for the legislature to 


46 


THE GOVERNMENT OF MISSOURI 


become so familiar with the internal or local affairs of counties, 
cities, townships, wards, or school districts, as to legislate as 
intelligently in reference to them as the citizens thereof. Mis¬ 
takes would be made, injustice and hardship would result, and 
the very purpose and safeguards of government would be sub¬ 
verted to this extent.”— Shannon. 

7. The general assembly cannot remove the seat of govern¬ 
ment from Jefferson City. Only through the adoption of an 
amendment to the constitution can this be done. So far such 
amendment has failed to receive the necessary majority. 

Order of Appropriations.—Money can be drawn from the 
Treasury of the State only by regular appropriations made 
by law. Such appropriations must be made in the fol¬ 
lowing order: 

First—T he payment of the interest on the bonded debt of the 
State. 

Second—F or the benefit of the sinking fund, setting aside not 
less than two hundred fifty thousand dollars per annum. 

Third —For free public school purposes. 

Fourth— For the expense of assessing and collecting the 
revenue. 

Fifth—F or the payment of the civil list. 

Sixth—F or the support of the eleemosynary institutions of 
the State. 

Seventh— For the pay of the members of the general assem¬ 
bly, and for such other purposes, not prohibited by law, as may 
be deemed necessary. 

Congressmen.—For a discussion of the qualifications, 
apportionment and election of Representatives in Con¬ 
gress, see pages 58-62 of this work. Missouri has sixteen 
members in the Lower House of Congress at this time 
By an act of the General Assembly, approved March 16, 
1901, the State Avas divided into sixteen Congressional 
Districts, as shown in the following map: 


THE STATE 


47 





































CHAPTER VIII. 


THE STATE. 

THE EXECUTIVE DEPARTMENT . 

Power Vested.—The executive power of the State is 
vested in the Governor, Lieutenant-Governor, Secretary 
of State, State Auditor, State Treasurer, Attorney-Gen¬ 
eral, and Superintendent of Public Schools. They are 
elected for a term of four years by the qualified voters of 
the State at the time of the general election. The Gov¬ 
ernor and Treasurer cannot serve two consecutive terms. 
With the exception of the Lieutenant-Governor, the exec¬ 
utive officers are required to reside at the seat of gov¬ 
ernment, where the records of their offices must be kept. 

Election Returns.—The returns of the election of the 
above officers are transmitted through the Secretary of 
State to the Speaker of the House. Immediately after 
the organization of the General Assembly, the returns are 
opened by the Speaker in the presence of the two houses, 
a majority of the members being present. The votes are 
then counted and the results are announced. The person 
receiving the highest number of votes for any office is 
declared duly elected', but if two or more persons receive 
the highest number of votes, then the General Assembly 
shall choose one of these candidates by joint ballot. 


THE STATE 


49 


Governor.— The supreme executive power is vested in 
the Governor, the chief magistrate of the State. “The 
Governor shall be at least thirty-five years old, a male, 
and shall have been a citizen of the United States ten 
years, and a resident of this State seven years next before 
his election. ’ ’— Constitution. 

Duties.— He must see “ that the laws are distributed and 
faithfully executed.” He is Commander-in-Chief of the 
militia of the State, and he may call them out “ to execute 
the laws, suppress insurrections and repel invasions. 5 ’ He 
has power to grant reprieves, pardons and commutations. 
A reprieve temporarily suspends the execution of the 
sentence; a commutation changes the character of the 
penalty; and a pardon remits the penalty and releases 
the offender. The Governor is also required to give to 
the Legislature, by message or otherwise, information 
concerning the condition of the State in matters of gov¬ 
ernment, and to make such recommendations as he may 
deem wise and expedient. He may convene the Legisla¬ 
ture in extra session on extraordinary occasions, but he 
must state specifically in his proclamation each matter 
concerning which action is desired. He commissions all 
officers not otherwise provided for by law, fills vacancies 
in office unless other means have been provided, and makes 
a large number of appointments to office. All bills and 
resolutions passed by the General Assembly must be pre¬ 
sented to him for approval. In considering appropria¬ 
tion bills, he may approve one or more items and reject 
others, but in signing the bill he must append to it the 
items to which he objects, and these shall not take 
effect. 


4 



50 


THE GOVERNMENT OF MISSOURI 


Lieutenant-Governor.—The Lieutenant-Governor must 
have the same qualifications as the Governor, since he 
may be called upon to perform his duties. Though he is 
not a member of the Senate, he is its presiding officer and 
performs the duties which usually attach to such a posi¬ 
tion. He may debate all questions in the committee of the 
whole, and may give the casting vote in the Senate and 
also in joint vote of both Houses. “In case of death, 
conviction on impeachment, failure to qualify, resigna¬ 
tion, absence from the State, or other disability of the 
Governor, the powers, duties and emoluments of the office 
for the residue of the term, or until the disability shall be 
removed, shall devolve upon the Lieutenant-Governor.” 
— Constitution. 

Qualifications of Other Officers. —Other State officers 
previously mentioned must possess the following qualifi¬ 
cations: 

1. They must be male citizens of the United States. 

2. They must be at least twenty-five years of age. 

3. They must have resided in Missouri at least five years next 
before their election. 

Secretary of State. —The Secretary of State has charge 
of the seal of the State, and with it he authenticates all 
the official acts of the Governor, with the exception of 
his approval of laws. He keeps a register of the official 
business transacted by the Governor, and when requested 
to do so, he must attest the same and lay copies before 
the General Assembly. He receives the election returns 
of the State and county officers, performs the duties of 
the Register of Lands, and makes reports on special sub¬ 
jects when demanded. He preserves in his office the 


THE STATE 


51 

> 

papers, journals and proceedings of both Houses of the 
General Assembly. Upon proper application, he issues 
articles of association to private corporations, including 
railroads, telegraph and telephone companies, savings 
banks and fund companies, benevolent associations and 
manufacturing companies. It is made his duty also to 
visit banks and fund companies at least once each year, 
or to have it done by a competent person. 

Treasury Department.— “ A special department is hereby 
established, to be known as the Treasury Department, 
which shall embrace the offices of State Treasurer and 
State Auditor.”— Statutes. These two officers handle 
large amounts of the money, bonds and securities of the 
State. Heavy bonds are required of them, and every 
precaution is taken to guard the interests of the State. 
Before entering upon the discharge of his duties, the 
Treasurer is required to give a bond in the sum of five 
hundred thousand dollars, with ten sureties, conditioned 
upon the faithful discharge of his duties. Both bond and 
sureties are subject to approval by the Governor. The 
bond must be renewed every two years and oftener if the 
Governor shall demand it. In like manner the Auditor 
must execute a bond in the sum of fifty thousand dollars, 
subject to approval by the Governor. Each of these offi¬ 
cers appoints a Chief Clerk, who must be thoroughly com¬ 
petent to perform all the duties prescribed by law. 

Auditor. —The Auditor is the general accountant of the 
State. He keeps the public account books, vouchers, doc¬ 
uments, bonds and coupons, and all papers relating to 
them. He also keeps an account of the contracts made 
by the State and of its revenue and other fiscal affairs. 


52 


THE GOVERNMENT OF MISSOURI 


As enumerated in the statutes, his general duties are as 
follows: To audit, adjust and settle all claims against the 
State that are payable out of the Treasury; to draw all 
warrants upon the Treasury for money, except as other¬ 
wise provided, expressly stating in each case the fund out 
of which the warrant is to be paid; to settle, audit and 
adjust the accounts of collectors of revenue; to keep an 
account between the State and the State Treasurer; to 
keep an account of the debts and credits between the 
State and the United States; to direct prosecutions against 
persons for deficiencies in the assessment, collection and 
payment of revenue. At the beginning of each session of 
the General Assembly he reports in detail to that body 
the condition of the revenues of the State, and the ex¬ 
penditures during the two preceding years; makes a 
detailed statement of the public debt, gives an estimate 
of the revenues needed for the two succeeding years, and 
formulates any plans that he may think expedient for 
the support of the public credit. 

Treasurer.—The State Treasurer has charge of all mon¬ 
eys belonging to the State not legally kept by other per¬ 
sons. He pays out these moneys only on warrants prop¬ 
erly drawn on the Treasury. He keeps a full account of 
the funds of the State and of the appropriations made 
from them. He is required by law to make a monthly 
report to the Governor, including a statement of the 
amount of money received during the month, the amount 
paid out during the same time, the balances on hand to 
the credit of the various funds, and the actual amount of 
money in his vaults at the time of the report. At the 
beginning of each session of the General Assembly he 


THE STATE 


53 


makes a detailed statement of the condition of the Treas¬ 
ury, including an account of its operations during the two 
preceding years. 

Attorney-General.—The chief law officer of the State is 
the Attorney-General. By direction of the Governor it 
becomes his duty to assist the Prosecuting Attorney of 
any county in the discharge of his duties. When re¬ 
quested to do so, he gives his written opinion upon points 
of law to the General Assembly or to either House, to any 
State officer, and to the Prosecuting Attorney of any 
county. He appears in behalf of the State in the Supreme 
Court to prosecute or defend, “as the case may require, 
all appeals and writs of error to which the State may be 
a party.” It is his duty also to institute such suits and 
proceedings as may be necessary to protect the rights and 
interests of the State. 

School Superintendent.—The general supervision of ed¬ 
ucation is entrusted to a Superintendent of Public Schools, 
who must possess the qualifications required of other State 
officers. He has general supervision of the school funds 
of the State, with a view to their safety and their correct 
distribution. He has power to require reports of county 
and town officers and boards of education concerning the 
condition of the schools, the management of the funds, 
and to collect other educational statistics from them. He 
looks after the publication and distribution of the school 
laws, gives advice concerning their requirements, and aids 
in the execution of their provisions. He issues an annual 
report in which full statistics are given concerning the 
schools and the school funds, and in which he makes such 
recommendations as he may deem wise. He examines 


54 


THE GOVERNMENT OF MISSOURI 


teachers with a view to granting State certificates, and 
prescribes rules for the collection of educational infor¬ 
mation. Tie must also spend five days annually in each 
congressional district of the State, consulting with school 
boards and other educational officers, delivering educa¬ 
tional lectures, visiting schools, and in other ways stimu¬ 
lating school sentiment and activity. 

Railroad Commissioners.— There is a Railroad and "Ware¬ 
house Commission composed of three members, elected for 
a term of six years. One Commissioner is elected every 
two years at the time of the general election in November. 
No one in the employ of any railroad company or owning 
the bonds or stock of such a company can be a member of 
this Commission. Upon receiving evidence that citizens 
have been charged unjust and unreasonable rates on freight 
transported beyond the State or on shipments into the 
State, it becomes the duty of the Commissioners to file a 
formal complaint with the Interstate Commerce Com¬ 
mission and to demand a hearing. They also hear com¬ 
plaints concerning violations of the law within the State, 
investigate the charges, and, if necessary, demand that 
the irregularities be corrected. They inspect depots, 
bridges, road-beds and rolling stock, and if they are found 
to be in an unsafe condition, the Commissioners direct 
that the needed repairs be made. They have similar 
power over express companies and other common carriers. 
Warehouses are also subject to inspection by the same 
commission as to their condition and management in so 
far as the interests of the public may be involved. 

Salaries. —The salary of the Governor is five thousand 
dollars. Besides this he is provided with a furnished resi- 


THE STATE 


55 


dence in which to live, known as the Governor’s Mansion. 
The Secretary of State receives a salary of twenty-five hun¬ 
dred dollars, and in addition he is allowed to retain fees 
to the amount of five hundred dollars per year. The 
Lieutenant-Governor is given one thousand dollars per 
year and an additional seven dollars per day during the 
session of the Senate. The State Treasurer, the Auditor, 
Attorney-General, Superintendent of Schools, and the 
Railroad Commissioners receive three thousand dollars 
each. These salaries are paid out of the State Treasury 
in monthly installments at the end of the month. 

Impeachments. —Officers of the State are subject to im¬ 
peachment and removal from office “ for high crimes and 
misdemeanors, and for misconduct, habits of drunkenness, 
or oppression in office.” The House of Representatives 
prefers impeachments, while the Senate as a court tries 
them. Before beginning the trial, each Senator is sworn 
to do justice according to the law and evidence. In case 
the Governor is on trial, the Chief Justice of the Supreme 
Court presides. Conviction on impeachment requires the 
vote of two-thirds of the Senators present, and the penalty 
assessed can extend only to removal from office and dis¬ 
qualification to hold any office of honor, trust or profit 
in the State. 

Executive Boards. —There are five executive boards pro¬ 
vided for by the law. They are composed of State offi¬ 
cials and have in charge the general management of cer¬ 
tain departments of government. They are as follows: 

Penitentiary. —It is the duty of this board to visit the 
State Prison once a month, and oftener, if necessary, and 
inquire into the management, discipline and policy of the 


56 


THE GOVERNMENT OF MISSOURI 


Governor, 

State Auditor, 
State Treasurer, 
Secretary of State, 
Attorney-General. 


institution; look into the character of the punishment 

used and the means employed, and in- 

State Treasurer, x ^ 

state Auditor, vestigate the sale and purchase of arti- 

Attorney-General. mi i. 1 

cles and materials, lhey must make a 
detailed report to the Legislature every two years, includ¬ 
ing an inventory of the property under their control, an 
account of the employment of the convicts, a statement 
showing the money received from all sources, and the 
contracts entered into during the time. 

Equalization.— “The duty of said Board (of Equaliza¬ 
tion) shall be to adjust and equalize the 
valuation of real and personal property 
among the several counties in the State, 
and it shall perform such other duties as 
shall be prescribed by law.”-— Constitution. 

Public Printing.—It is the duty of the Commissioners of 

Printing to see that the printing done 

State Auditor, . A , ° # 

State treasurer, for the State is executed in a suitable 

Secretary of State. . , j• i i i 

manner and according to legal require¬ 
ments. They keep an account of the paper furnished the 
Public Printer, and see that it is used without needless 
waste. The executive officers make their orders for print¬ 
ing through these Commissioners, who see that the full 
number of copies is delivered in each case. They examine 
and audit all accounts for printing and binding, and see 
that all mistakes in the bills are corrected and adjusted. 
Education.— The State Board of Education has general 

School Superintendent, Supervision of tile entire educational 

Secretary of State, interests of the State. It directs the 
attorney-general. investment of all moneys received bv 

the State to be applied to the capital of any fund for 


THE STATE 


57 


school purposes, and they see that all funds are applied 
as they were intended, whether they came u by grant, 
gift, devise or law.” 

Fund Commissioners.— This Board is a part of the Treas¬ 
ury Department, and exercises supervi- 

state Auditor, sor y control over it. It directs the pay- 

state treasurer, ment of interest on the State debt, and 

Attorney-General. 

also directs the issue, redemption and 
cancellation of the bonds of the State. 

Appointive Officers. —By the advice and consent of the 
Senate, the Governor appoints several important execu¬ 
tive officers, whose duties are given in the following para¬ 
graphs : 

Superintendent of Insurance.— The insurance laws of 
the State relate to the policies of both life and fire com¬ 
panies. The chief officer of the department is the Super¬ 
intendent of Insurance. He must be a citizen of the State 
and experienced in matters of insurance. He must file 
and preserve in his office at Jefferson City all the records, 
books, and papers of the department. He issues cer¬ 
tificates of authority to insurance companies to transact 
insurance business in the State, and gives certificates of 
authority to organize insurance companies. He executes 
the insurance laws of the State, inquires into the man¬ 
agement of companies incorporated under our laws or 
doing business in the State, and has full power to pros¬ 
ecute any company for violating the insurance laws. 

Warden of the Penitentiary. —Subject to the limitations 
prescribed by the Board of Inspectors, the Warden con¬ 
trols and manages the penitentiary, including the enforce¬ 
ment of all rules and orders of the Board. He prescribes 


58 


THE GOVERNMENT OF MISSOURI 


the kind and quantity of food for the convicts and attends 
to the financial affairs of the prison, keeping a true account 
of moneys received and disbursed. He purchases all raw 
materials needed for manufacture by. the convicts, and 
lets contracts for supplying the institution with clothing, 
provisions, medicines and other necessary articles. 

Adjutant-General. —Hext to the Governor, the Adjutant- 
General is the chief military officer of the State. lie 
transmits orders from the Commander-in-Chief, keeps a 
registry of all officers of the militia, and a record of all 
promotions, appointments and resignations, enlistments, 
discharges, deaths and desertions, together with all other 
matters pertaining to the organization of the militia. He 
is ex officio Quartermaster-General, Pay master-General, 
Chief of Ordnance, Commander-General, and performs 
such duties as pertain to these offices. 

Inspections.— Inspection officers are appointed for the 
execution of laws which have for their purpose the purity 
of manufactured articles, the facilitation of business, and 
the protection and safety of persons in mines and factories. 
The most important of these are inspectors of petroleum, 
tobacco, grain, beer and of mines and factories. 

Petroleum. —An Inspector of Petroleum is appointed by 
the Governor for a term of two years for each of the cities 
of St. Louis, Kansas City, St. Joseph and Hannibal, and 
for such other places as may petition therefor. These 
officials must inspect “ petroleum oils, kerosene, or any 
product of petroleum,” whenever called upon by the 
owner, manufacturer or dealer. Specific directions are 
given in the statutes concerning tests of oil to be made and 
the brands to be affixed by the Inspector. 


THE STATE 


59 


Tobacco.—The Governor appoints a Tobacco Inspector 
for the city of St. Louis. He must be “a discreet, suit¬ 
able person,” says the law, and must give bond to the 
city of St. Louis to be approved by the Mayor. He must 
not buy nor sell tobacco, except of his own raising, “ but 
shall auctioneer and cry off all inspected leaf tobacco, for 
the owner or agent, sold at the warehouse.”— Statutes. 
All persons keeping tobacco warehouses in St. Louis for 
the purpose of selling leaf tobacco ‘ £ prized in hogsheads, ’ ’ 
must have such tobacco inspected before sale by the State 
Inspector, and by no other. Rules are given for weigh¬ 
ing, marking and branding inspected tobacco, and severe 
penalties are prescribed for violating the provisions of the 
law. 

Grain. —The Board of Railroad Commissioners appoints 
a Chief Grain Inspector for the State. He must be a 
grain expert, and must not be a member of any board of 
trade nor interested in any way in any warehouse in the 
State. All grain delivered at the public warehouses must 
be inspected and graded by an authorized Inspector and 
stored with grain of similar grade. The Chief Inspector 
has general supervision of grain inspection, under the ad¬ 
vice and direction of the Board of Railroad and Ware¬ 
house Commissioners. This Board prescribes the rules 
and regulations to be followed by the Inspectors, and estab¬ 
lishes the number of grades and the standards for them. 

Beer. —The Governor appoints the Beer Inspector who 
holds his place for a term of four years. He must be an 
expert beer brewer, a citizen of the United States and of 
this State for more than two years preceding his appoint¬ 
ment. All beer or other malt products manufactured in 


60 


THE GOVERNMENT OF MISSOURI 


the State or brought into the State for sale must be in¬ 
spected by this officer and properly stamped and labeled. 
All fees for inspection go into the State Treasury. 

Labor.— A Labor Commissioner is appointed for a term 
of two years, who keeps his office at the seat of govern¬ 
ment. It is his duty to inspect factories, warehouses and 
tunnels, workshops, elevators and mines. Attention is 
given to hygienic conditions, the number of doors and 
windows, stairways and fire-escapes. He gathers statistics 
concerning labor and labor conditions in the State, and 
uses his influence to settle disputes and differences between 
employers and employees. 

Other Boards.—The State Board of Health has general 
supervision of the health interests of the State. It issues 
licenses on examination to those who wish to practice 
medicine, and makes quarantine regulations. It is com¬ 
posed of seven men appointed by the Governor. 

The State Board of Agriculture is composed of the Gov¬ 
ernor, the Dean of Agriculture, the State Superintendent 
of Schools, and one member from each Congressional Dis¬ 
trict in the State. It has to do with the protection, de¬ 
velopment and improvement of the agricultural interests 
of the State. 

Besides these there are the Board of Geology and Mines, 
the Fish Commission, and the Board of Immigration, 
whose duties are rather more limited than those already 
discussed. 


CHAPTER IX. 


THE STATE. 

THE JUDICIAL DEPARTMENT. 

Power Vested. —The judicial power of the State is vested 
in the Courts of the Justices of the Peace, the County 
Courts, the Municipal Corporation Courts, Probate Courts, 
Circuit Courts, Criminal Courts, Courts of Common Pleas, 
Courts of Appeals, and the Supreme Court of the State. 
The first four of these have been considered in previous 
chapters ; the others will be discussed in the following 
paragraphs. 

Courts of Record. —Courts of Record are required by 
law to keep a faithful and j ust record of their proceedings. 
The five last mentioned in the above paragraph are placed 
in this class by the statutes of the State. Every Court of 
this class must keep a seal, “ with such emblems and de¬ 
vices as the Court may think proper.” 

General Powers. —All courts have power to issue such 
writs as may be necessary to the exercise of their author¬ 
ity. Interpreters and translators may be employed by 
the Court to interpret testimony or translate such writ¬ 
ings as may be necessary to determine any case. Special 
or adjourned terms of Court may be held under certain 
conditions and limitations. A Grand Jury may be called 
at such special terms, and the trial of criminal cases 


62 


THE GOVERNMENT OF MISSOURI 

may proceed regular terms; and the Court may, by 

the consent the parties, exercise its ordinary jurisdiction 
in civil c r ^ ses * Every Court may punish for disorderly 
conduct in its presence, breach of the peace or noise tend¬ 
ing to interrupt its proceedings, willful disregard of any 
order or process of the Court, willful resistance to any 
order, and refusal to be sworn as a witness or to answer 
legal questions when sworn. 

Docket. —A docket is a list of cases to be tried at any 
term of Court. The Clerk of each Court of Record, under 
the direction of the Judge, must make out two dockets— 
a court docket and a bar docket—properly arranging the 
order of procedure, with due time assigned to each case. 

Records.— All Court records in Missouri are kept in the 
English language, except such technical terms and proc¬ 
esses as are now commonly used. It is the duty of the 
Judge to supervise the work of the Clerk and to inquire 
into the manner of keeping the rolls and records of the 
Court; to prescribe rules for securing uniform, systematic 
and accurate records; and to see that all entries required 
by law be properly made and at the right time. The pro¬ 
ceedings of the Court for each day are read in open Court 
on the morning of the following day, except on the last 
day of the term, when they are read in full, and the Judge 
signs them at the time of adjournment. 

Limitations on Judges.— Ho Judge may sit in the trial 
of any case in which he is interested, related to either 
party, or in which he has been counsel, without the ex¬ 
press consent of the parties to the case. With the excep¬ 
tion of Judges of the County Court, no Judge can act as 
attorney in an}^ court in the State, except as permitted by 


THE STATE 63 

law; neither can such Judge have a partner who practices 
in the Court over which he presides. 

Juries.— A jury is a body of men selected and enrolled 
according to law, and “ sworn to inquire into and try any 
matter of fact, and to render their true verdict according 
to the evidence legally adduced.” u Every juror, grand 
and petit, shall be a male citizen of the State, resident of 
the county, sober and intelligent, of good reputation, over 
twenty-one years of age and otherwise qualified.”— Stat¬ 
utes. There are two kinds of juries, petit juries and grand 
juries. 

Grand Jury.— A grand jury in Missouri is composed of 
twelve men, any nine of whom may find an indictment or 
a true bill. When assembled it has power to investigate 
violations of the criminal laws of the State and to return 
indictments for every character and grade of crime. The 
proceedings are conducted under an oath of secrecy, but 
it has full power to send for witnesses and to compel them 
to testify. An indictment by the grand jury brings the 
accused into court for trial. 

Petit Jury.— The petit jury is the trial jury, and it inves¬ 
tigates both civil and criminal matters. All sessions are 
public, and the accused, in criminal cases, has the right 
to a speedy trial by his peers. In Courts of Record the 
jury is composed of twelve men. In civil cases any nine 
may bring in a verdict, but in criminal cases the vote of 
the entire number is required. In the latter case only 
the foreman of the jury signs the verdict, while in the 
former it is signed by all who agree to it. 

Selection of Juries.— The County Court selects the jurors 
by lot. The names of two hundred qualified jurors, an 


64 


THE GOVERNMENT OF MISSOURI 


equal number from each township, as near as may be, are 
selected by the court. The names of such persons and 
the townships from which they are selected are Avritten 
on separate slips of paper of the same size and kind, and 
all names from any one township are placed in a box 
prepared for the purpose. The County Clerk, in the pres¬ 
ence of the court, so situated as to be unable to see the 
names, draws the slips from the box, one at a time, until 
he gets the required number from such township. This 
is repeated for each township until he has drawn the 
names of twenty-four persons who shall serve as jurors 
for the ensuing term of court. 

Circuit Courts.—The Circuit Courts serve the interests 
of a large number of people. They have jurisdiction over 
both civil and criminal matters. At least two terms of 
court are held in each county every year. Their main 
features will be found in the following paragraphs: 

Qualifications of Judges.—A judge of the Circuit Court 
must be thirty years of age, must have been a citizen of 
the United States five years, a qualified voter of the State 
three years, a resident of the circuit for which he was 
elected, and he must be learned in the law. He is a con¬ 
servator of the peace in his district or circuit. 

Election of Judges.—The judges of the Circuit Courts 
are elected by the people of their respective circuits for 
a term of six years. Their names appear upon the tickets 
with the county candidates, and the election is held at the 
time of the general election in November. 

Number of Judges.—At least one judge must be elected 
from each judicial circuit. In circuits having more than 
one judge, the judges hold separate sessions of court for 


THE STATE 


65 


the trial of cases. Jasper and Buchanan Counties have 
two judges each; Jackson County has six, and the city 
of St. Louis has twelve. This makes a total of fifty-one 
circuit judges in the entire State at this time. 

Judicial Circuits. —The General Assembly divides the 
State into judicial circuits, basing their size upon popu¬ 
lation and the amount of legal business involved. The 
following map shows the circuits as they were in 1905: 



Jurisdiction. —The Circuit Courts of the State have ju¬ 
risdiction (see page 162) in the counties in which they are 
held, as follows: 

First— As courts of law, in all criminal cases not otherwise 
provided for by law. 

5 




















































66 


THE GOVERNMENT OF MISSOURI 


Second —Exclusive original jurisdiction in all civil cases not 
cognizable in the lower courts and not otherwise provided for. 

Third —Concurrent original jurisdiction in certain cases de¬ 
fined in the statutes. 

Fourth —Appellate jurisdiction from judgments of lower 
courts, in cases not expressly prohibited. 

Fifth —They have superintending control over county, pro¬ 
bate, and justices’ courts, and general control over guardians, 
administrators, minors, idiots, and lunatics. 

Salaries of Judges.—The compensation of judges is reg¬ 
ulated by the laws of the State, but it cannot be increased 
nor diminished during the time for which they were 
elected. Each judge receives from the State a salary of 
two thousand dollars and his expenses in attending court 
in other places than that in which he lives. In some cir¬ 
cuits this amount is supplemented from the local treasury. 
The judges of Jackson County receive thirty-five hundred 
dollars, and those of St. Louis about six thousand dollars. 

Common Pleas Courts.—Four Courts of Common Pleas 
have been established in the State. They are Courts of 
Record, “ and possess all the powers, perform the duties, 
and are subject to the restrictions ” of such courts. The 
territorial limits of these courts are set forth in the statutes 
of the State, and are subject to change by the General 
Assembly. A clerk of each court, who must possess the 
qualifications of the Circuit Clerk, is elected for a term 
of four years by the voters of the district. These courts 
are located at Louisiana, Hannibal, Cape Girardeau and 
Sturgeon. 

Louisiana.—The Louisiana Court of Common Pleas dates 
back to 1853. It is established for Buffalo, Salt River, 
Peno and Calumet townships, and its sessions are held 


THE STATE 


67 


in the city of Louisiana. Its jurisdiction is largely con¬ 
current with the Circuit Court, including civil cases, cases 
for or against boats and vessels, control over Justices of 
the Peace in the townships mentioned and appeals from 
Justices’ Courts. It also has exclusive original jurisdic¬ 
tion in appeals from the Kecorder of Deeds of the city of 
Louisiana. The judge of the tenth judicial circuit is ex 
officio judge of this court. 

Hannibal.— This court, known as the Hannibal Court of 
Common Pleas, was organized in 1845. It includes Mason 
and Miller townships in the county of Marion, and its 
sessions are held in Hannibal. It has exclusive original 
jurisdiction in all civil actions and in such criminal actions 
as are brought in the Circuit Court. It has superintending 
control over the Kecorder of the city of Hannibal and over 
the justices of the two townships. It has exclusive juris¬ 
diction of appeals from the Kecorder of Deeds of the city 
and from the Justices of the Peace of those townships. 
The Circuit Judge of the tenth judicial circuit is also judge 
in this court. 

Cape Girardeau. —This court was established in 1851, 
within and for the city, township and county of Cape Gi¬ 
rardeau. Its jurisdiction is very similar to that of the 
Louisiana Court of Common Pleas, but includes in addition 
the business usually transacted by the Probate Judge. 
The judge of this court, who must possess the qualifications 
of a Circuit Judge, is elected by the people of the county 
for a term of four years. His salary is paid in the same 
manner as the salary of the Circuit Judge. 

Sturgeon.— The territory of this court lies within the 
limits of several counties, as marked out by the statutes. 


68 


THE GOVERNMENT OF MISSOURI 


In civil cases it lias original jurisdiction with the Circuit 
Courts and with Justices of the Peace in cases not exclu¬ 
sively belonging to the latter. With the Circuit Courts 
it has superintending control over Justices of the Peace 
and jurisdiction over appeals from such courts. The judge 
of the ninth judicial district is ex officio judge of this court. 

Criminal Courts.—Criminal Courts may be established 
in counties whose population exceeds fifty thousand. A 
judge is elected for each court who must possess the quali¬ 
fications of a Circuit Judge. Criminal Courts have been 
established in Jackson, Buchanan and Greene counties, 
and in the fifteenth judicial circuit. 

Fifteenth Judicial Circuit.—The jurisdiction of the Crim¬ 
inal Court of this district is the same as that of the Circuit 
Court in criminal cases, and extends in appellate jurisdic¬ 
tion to all breaches of the peace and to violations of city 
and town ordinances. It has power to issue, hear and 
determine writs of habeas corpus . The Circuit Clerks of 
the counties composing the circuit are ex officio clerks of 
the Criminal Court. 

Jackson County.—The judge of the Jackson County 
Criminal Court is elected for a term of six years by the 
qualified voters of the county. He must be at least thirty 
years of age, must have resided in the State one year, and 
must be a resident of the county. lie has the same power 
in criminal matters as the Circuit Judge, and the court 
has exclusive original and appellate jurisdiction of crim¬ 
inal offenses in Jackson County. The Clerk of the Court 
is elected by the people of the county. 

Buchanan County.—This court has exclusive original 
jurisdiction of criminal cases in Buchanan County, with 


THE STATE 


60 


certain exceptions; exclusive appellate jurisdiction in all 
criminal cases appealed from Justices’ Courts, and in ap¬ 
peals from Municipal Courts. The judge is elected by the 
voters of the county for a term of four years. He has 
power to issue, hear and determine writs of habeas corpus , 
and may admit to bail such persons as are entitled thereto, 
and has the same power in criminal matters as the Circuit 
Judge. The Circuit Clerk of the county is the Clerk of 
the Criminal Court. 

Greene County.—The same general provisions apply here 
as in Buchanan County. The Clerk of the Court, how¬ 
ever, is elected by the people of the county for a term of 
four years. 

Criminal Correction.—Corresponding in rank to the 
Criminal Courts above discussed and possessing about the 
same powers, is the Court of Criminal Correction in the 
city of St. Louis. It has exclusive original jurisdiction 
of all misdemeanors which are punishable by fine or im¬ 
prisonment or both. It has appellate jurisdiction in crim¬ 
inal cases appealed from Justices’ Courts of the city, and 
concurrent jurisdiction with the Police Court in cases of 
misdemeanor under State law, which are also violations 
of the city ordinances. It is made the duty of the Chief 
of Police to report the names of persons charged with 
misdemeanors to the Assistant Prosecuting Attorney. 
The judge of the court, who is elected by the people 
for a term of four years, must have the qualifications 
of a Circuit Judge. A Clerk and a Prosecuting Attor¬ 
ney and his assistant, all serving this court, are also 
elected by the voters of the city for a term of four 
years. 


70 


THE GOVERNMENT OF MISSOURI 


Courts of Appeals. —In order to relieve the Supreme 
Court, two Courts of Appeals have been established, one 
in Kansas City for the western half of the State, and one 
in St. Louis for the eastern half. Cases taken to these 
courts include those involving the construction of the 
Constitution of the State and of the United States, the 
construction of the revenue laws, and titles to office and 
to real estate in Missouri, and cases in which a county 
or other political division of the State is a party, and in 
all cases of felony. 

The Judges. —Each court consists of three judges who 
are elected by the voters of their respective districts for 
a term of twelve years, one being elected every four years. 
The judges must possess the qualifications of judges of the 
Supreme Court, and in addition they must be residents of 
the districts from which they are elected. The judges of 
the Kansas City Court receive a salary of $3,500, while 
those of St. Louis receive $5,500 each. 

Supreme Court. —The Supreme Court is the highest judi¬ 
cial tribunal in the State. It is composed of seven judges 
who are elected by the voters of the State for a term of 
ten years. It meets at the seat of government, Jefferson 
City, in a building erected by the State at a cost of $200,- 
000. The Chief Justice, who is also the presiding officer, 
is elected by the court. The judges receive a salary of 
$4,500. 

Divisions. —There are two divisions of the court; num¬ 
ber one consisting of four judges, and number two con¬ 
sisting of three judges. Number one passes upon civil and 
equity cases only, while number two has as its special 
Avork the review of all criminal cases. A majority of 


THE STATE 


71 


the judges in a division constitutes a quorum for the 
transaction of business. All opinions must be in writing, 
and they constitute a part of the record of the court. Each 
division elects its own presiding judge. 

Court in Banc. —The full court may sit together to hear 
arguments and determine questions of law, when either 
division cannot agree upon an opinion, when a division 
of the court is equally divided in opinion, when a federal 
question is involved, and when ordered to do so by one 
division of the court. 

Qualifications of Judges. —“ The judges of the Supreme 
Court shall be citizens of the United States, not less than 
thirty years old, and shall have been citizens of this State 
for five years next preceding their election or appoint¬ 
ment, and shall be learned in the law.”— Constitution. 

Jurisdiction. —The jurisdiction of the Supreme Court is 
largely appellate; that is, it hears cases on appeal from 
Trial Courts. It may affirm the verdict of the lower 
court; point out its errors, if they have been committed, 
and send the case back for a new trial; or it may reverse 
and dismiss the case. It has general superintending con¬ 
trol over all other courts; and may issue certain remedial 
writs,—writs which afford relief or remedy, or abate a 
nuisance. 

National Courts. —Missouri is a part of the eighth judi¬ 
cial circuit of the United States, and it contains two of the 
divisions of the United States District Courts, the east¬ 
ern district of Missouri and the western district of Mis¬ 
souri. A judge, an attorney and his assistant, and a mar¬ 
shal are appointed for each district. The eastern district 
has two divisions, the eastern and the northern; and the 


72 


THE GOVERNMENT OF MISSOURI 


western district has five divisions, the western, the St. 
Joseph, the southern, the central, and the southwestern. 
Two sessions of the Circuit Court and two of the Dis¬ 
trict Court are held every year in each district. (See 
page 160.) 


CHAPTER X. 


SUFFRAGE AND ELECTIONS. 

Introduction. —Suffrage, or the right to vote, is not an 
inherent right of citizenship. Not all citizens have the 
right of suffrage; children never vote, though they may 
be citizens under the constitution; women seldom vote, 
and others vote only when the right is conferred by law. 
In some States none but a citizen is allowed the ballot, 
while in others persons are given the right to vote before 
they have completed their citizenship. With few excep¬ 
tions, the right of suffrage is limited to male citizens 
twenty-one years of age. Additional qualifications are 
prescribed at times which limit very much the number of 
men who participate in the selection of public officials. 
The whole question, however, is regulated by State consti¬ 
tutions and State laws, each State prescribing its own con¬ 
ditions and qualifications and managing its own elections 
by the aid of such laws as it chooses to enact. The main 
features of the Missouri election laws are presented in 
this chapter. 

Voting Classes. —Two classes of persons may vote under 
the laws of Missouri, viz.: 

1. Male citizens of the United States. 

2 . Males of foreign birth who have declared their intention of 
becoming citizens, not less than one year nor more than five 
years before offering to vote. 


74 


THE GOVERNMENT OF MISSOURI 


Qualifications. —They must, however, possess the fol¬ 
lowing qualifications: 

1. They must be more than twenty-one years of age. 

2. They must have resided in the State one year immediately 
preceding the election at which they offer to vote. 

3. They must have resided in the county, city, or town sixty 
days preceding the election. 

Exceptions. —Certain classes are denied the right to vote 
in this State: 

1. Persons kept at a public poorhouse or asylum, except that 
inmates of the federal and confederate homes in this State may 
vote at all elections. 

2. All persons convicted of felonies or other infamous crimes, 
and persons convicted of misdemeanors in connection with the 
exercise of suffrage. 

3. Officers, soldiers, and marines in the army or navy of the 
United States. 

4. Persons confined in public prisons may not vote in Missouri. 

Protection to Voters. —Voters cannot be arrested during 
their attendance at elections, nor while going to or re¬ 
turning therefrom, except for treason, felony or breach of 
the peace. This is a safeguard against the imprisonment 
of voters with a view to the defeat of an honest election. 

Time of Elections. —The General Election is held on the 
first Tuesday after the first Monday in November of the 
even numbered years, as in 1906,1908, etc. The time may 
be changed by the General Assembly by a vote of two- 
thirds of each House. City, town and school elections 
are held in the spring of the year. Special election to fill 
vacancies may be held at other times, the time being lixed 
by the Governor when he issues the call. 

Qualifications for Office. —In order to hold office in Mis¬ 
souri, civil or military, a person must (1) be a citizen of 


SUFFRAGE AND ELECTIONS 


75 


the United States, and (2) he must have been a resident 
of the State one year immediately preceding his election 
or appointment. Uo one holding any office of profit 
under the United States can be elected or appointed to 
any office under this State. On pain of removal from 
office, every officer must give his personal attention to 
the duties of his position. 

Australian Ballot System. —The law governing elections 
in this State is a modification of the Australian ballot sys¬ 
tem. Its essential features are its provision for a primary 
election in the nomination of candidates, the registration 
of voters in the larger cities, an official ticket and a secret 
ballot. 

Registration. —In cities of twenty-five thousand and less 
than one hundred thousand inhabitants a registrar of vot¬ 
ers is elected, whose duty it is to register all legal voters. 
All persons are listed who take the prescribed oath and 
possess the qualifications of electors as given in the laws 
and constitution of Missouri. Special days are appointed 
and announced by the County Court, and the registration 
is made by the officers at the various voting places in the 
election districts. After making the registration the 
books are returned by the officers to the County Clerk, to 
be kept by him subject to public inspection. In cities of 
one hundred thousand or more inhabitants, a Board of 
three Election Commissioners is appointed by the Gov¬ 
ernor. This board manages all matters concerning the 
elections, including the registration of voters. It divides 
the city into election precincts, appoints the clerks and 
judges of elections, selects the places of registration, mak¬ 
ing publication of them ten days in advance. It makes 


76 


THE GOVERNMENT OF MISSOURI 


a general registration every presidential year, and every 
election year it revises the lists as directed by law. The 
same requirements are imposed here as in the case of the 
smaller cities. 

Nomination of Candidates. —Candidates for public office 
may be nominated by three methods under the law now 
in force: (1) By a convention of delegates called for that 
purpose by the central committee of a political party; (2) 
by a primary election authorized by the central committee 
of the party; and (3) by petition signed by one per cent, 
of the voters of the last election or by one per cent, of the 
registered voters. 

By Primary. —Primaries may be held in cities and coun¬ 
ties of one hundred thousand inhabitants. A primary is 
an election (not a convention) held by the members of a 
political party for the purpose of nominating candidates 
for office, or for the purpose of selecting delegates to a 
nominating convention. The call for the primary is is¬ 
sued by the central or managing committee of the party. 
In the county primary three persons are named in the 
call issued by the committee to act as judges of the elec¬ 
tion. These judges manage the voting, protect the pri¬ 
mary from fraud, and canvass and count the votes. They 
appoint two clerks to assist in counting the votes and 
managing the election. In city primaries the Board of 
Election Commissioners takes charge and makes all pre¬ 
liminary arrangements, giving the notices, selecting poll¬ 
ing places, printing the ballots and providing poll-books. 
The method of voting is similar to that employed in a 
regular election. To be eligible to vote in these prima¬ 
ries, a person must be a member of the political party 


SUFFRAGE AND ELECTIONS 


77 


holding the primary or be willing to vote for its can¬ 
didates in the next election; and he must possess the 
legal qualifications of an elector, as given in the first part 
of this chapter. The polls are open in the afternoon 
only, from one o’clock until eight o’clock. 

Certificates of Nomination. —Certificates of nomination 
must be issued to all nominees. Nominations made by 
primaries must be attested by the chairman and secretary 
of the central committee, and nominations made by a 
convention must be attested by certificates signed by the 
chairman and secretary of such convention. Certificates 
of nomination for all offices to be filled by the electors of 
the entire State, or of any division larger than one county, 
must be filed with the Secretary of State within a certain 
limited time; and all other certificates of nomination must 
be filed with the County Clerk. 

Publication of Names. —Eighteen days before an election 
the Secretary of State certifies to the County Clerk the 
names of persons whose certificates of nomination are on 
file in his office. It then becomes the duty of the County 
Clerk, at least seven days before the election, to publish 
in one or more newspapers in the county the names of the 
candidates certified to him by the Secretary of State, to¬ 
gether with those on file in his own office. The names as 
thus published shall be arranged as they appear upon the 
printed ballot. 

Official Ballot. —Under the direction of the County Court 
and by its order, the County Clerk prints the official bal¬ 
lot of every election held in his county, including in it 
the names of candidates as mentioned in the preceding 
paragraph. The name of the political party making the 


78 


THE GOVERNMENT OF MISSOURI 


nominations appears in the heading of the ticket, and the 
ballot must contain the names of the candidates nominated 
by that party, and no others. Below each candidate’s 
name is left a blank space large enough to contain a writ¬ 
ten name. These ballots must be printed on the same 
kind of paper, and all must be of the same size, 4 £ so that 
they may not be distinguished the one from the other by 
the backs of them. ” The clerk prints one hundred of these 
for every fifty or fraction of fifty voters in each party. 
At the proper time the tickets or ballots are delivered to 
the judges. 

Judges and Clerks.— Outside the large cities the County 
Court establishes the election districts and precincts, lo¬ 
cating two or more in each township of the county. It 
appoints four judges of election for each precinct, and 
they in turn appoint four clerks. Judges and clerks must 
be able to read and write, and must be qualified to vote in 
that election. The judges manage the election, receive 
the ballots as they are prepared by the electors, number 
them, and place them in the ballot-boxes; and they final¬ 
ly count the votes cast in their respective districts, and 
make returns of the same to the County Clerk. The 
clerks keep a record of the voting according to forms pre¬ 
scribed by law. 

The Polls.— The polls, or voting places, are opened by 
the judges at seven o’clock in the morning, and they close 
them at six or sundown, except in the large cities where 
the polls are open from six in the morning until seven in 
the evening. During this time all of the voting must be 
done. Polkbooks, tally-sheets and ballot-boxes are fur¬ 
nished by the County Court. Booths are erected that the 


SUFFRAGE AND ELECTIONS 


79 


voters may be screened from observation while they pre¬ 
pare their ballots. A guard or rail is so constructed that 
only those within the rail can approach within five feet 
of the ballot-boxes or the booths. 

Voting. —As the elector passes behind the guard, the 
judges give him one ticket of each political party, upon 
the back of which will be found the names or initials of 
two of the judges. He enters the booth, prepares his bal¬ 
lot by making such changes and substitutions as he de¬ 
sires, so folds it as to conceal the face of it, and delivers 
it to one of the receiving judges, who numbers it and places 
it in the ballot-box. All rejected tickets are returned to 
the other receiving judge. But one person is allowed in 
a booth at a time, and only the election officers and the 
voters who are preparing their ballots are permitted be¬ 
hind the railing. If an elector is unable to prepare his 
ballot from inability to read and write, or from physical 
defect or weakness, he may have the judges prepare it 
under his direction. 

Returns. —Within two days after the election one poll- 
book is delivered to the County Clerk who, by the aid of 
two Justices of the Peace, or two Judges of the County 
Court, examines and casts up the votes given to each can¬ 
didate. He then issues certificates of election to all can¬ 
didates for county offices who have received the highest 
number of votes. He also transmits to the Secretary of 
State an abstract of the votes cast for all other officers. 
The Secretary of State counts these, with the exception 
of those for the State offices, and issues certificates of elec¬ 
tion to the successful candidates for Congress. He cer¬ 
tifies to the Governor the names of the judges elected to 


80 


THE GOVERNMENT OF MISSOURI 


the Supreme Court, the Circuit Courts and the Courts of 
Appeals. Within two days after the meeting of the Leg¬ 
islature he lays before each House a list of the members 
elected thereto. The returns for the State officers are cast 
up and counted by the General Assembly, the two Houses 
meeting in joint session for that purpose. 

Corrupt Practices.— All forms and grades of bribery in 
connection with primaries or elections are prohibited 
under very severe penalties. The use of force, threats, 
violence or restraint, in order to influence in any way the 
vote of a person, is declared to be a misdemeanor punishable 
by imprisonment in the county jail. The sums that may 
be expended in legitimate expenses by any candidate are 
limited by law, the amounts varying with the number of 
votes cast in the election. Furthermore, each candidate 
must file, under oath, a detailed statement of all his ex¬ 
penses and expenditures in the campaign. 

Exceptions. —The system above outlined does not apply 
to elections determined otherwise than by ballot; to town¬ 
ship, school or village elections; to the election of school 
commissioners and road overseers; to cities of the fourth 
class, or to cities of less than three thousand inhabitants 
existing under special law. 


CHAPTER XI. 


TAXATION AND REVENUE. 

Introduction.—We have now presented the main fea¬ 
tures of State Government in Missouri. The duties and 
services of officers, the methods employed to preserve 
order, and the means used to develop and maintain the 
institutions of the State have been made prominent in 
the discussion. Officers are public servants employed to 
do a specific kind of work. They must be remunerated 
for their time and for their skill and efficiency. Salaries 
must be provided for them, public buildings must be erected 
and offices equipped, and many kinds of supplies must he 
purchased. Only by a just and economical system of 
taxation can these obligations be met in a statisfactory 
manner. It remains for us to present in this chapter the 
fundamental ideas of the revenue system. 

Principles.—A few fundamental principles, taken largety 
from the Constitution, are stated in this connection, as 
follows: 

1. The taxing power for the State belongs to the Gen¬ 
eral Assembly, and the county and other municipal cor¬ 
porations exercise this power only by the authority of the 
General Assembly. The General Assembly makes the 
laws which regulate taxation, but these laws confer the 
taxing power upon counties and other units. 

6 


82 


THE GOVERNMENT OF MISSOURI 


2. The General Assembly cannot surrender nor suspend 
the power of the State to tax corporations or corporate 
property. For some years there has been a growing 
tendency to increase the taxes derived from these sources. 
In cities, franchise taxes have come to be valuable sources 
of revenue. 

3. Taxes are levied and collected for public purposes 
only, but they must be uniform for the same class of sub¬ 
jects or property. Equal privileges imply equal contri¬ 
butions to the expense of the system. 

4. All taxes must be levied and collected by general 
law. Special laws are not allowed in Missouri. 

5. All property subject to taxation must be taxed in 
proportion to its value. Some basis must be adopted, 
and this is probably the most just and satisfactory. In 
proportion as values are enhanced by good government, 
in that proportion should the owners of property contrib¬ 
ute to the expense of government. 

Purposes.—The purposes for which taxes are collected 
are stated in the statutes to be, “ For the support of the 
government of the State, the payment of the public debt, 
and the advancement of the public interest. 5 ’ All prop¬ 
erty should contribute to these ends, and all citizens may 
take a pride in their attainment. 

Exemptions.—Certain subjects or kinds of property are 
exempt from taxation in this State, viz.: All persons be¬ 
longing to the army of the United States; lands, build¬ 
ings and their equipments belonging to the United States; 
all property belonging to the State; property belonging 
to a city or county; lots and other property used exclu- 
sivety for religious worship, for schools, and for purposes 


TAXATION AND REVENUE 


8$ 


purely charitable. Real and personal property devoted 
to the use of horticultural and agricultural societies are 
also exempt from taxes under the law. The element of 
public service enters into each of these, and none of them 
involves the element of private gain or personal advantage. 

Place of Assessment.—All personal property is assessed 
in the county where the owner resides, it matters not if it 
be in another State. This includes all notes, bonds and 
other evidences of debt. The evident intent of this pro¬ 
vision is to discourage “ tax-dodging ” on this class of 
property. A seeming exception to this rule is found in 
the requirement that personal property belonging to man¬ 
ufacturing firms and other corporations must be assessed 
in the county where the property is located. 

Restrictions and Limitations.—Stringent limitations have 
been imposed by the Constitution upon County Courts 
and others, with a view to guarding against the abuse of 
the taxing power. Exclusive of the tax needed to pay the 
bonded debt, the rate for State purposes cannot exceed 
fifteen cents on the hundred dollars assessed valuation. 
For county purposes the rate ranges from thirty-five cents 
to fifty cents on the hundred dollars, owing to the number 
of inhabitants in the county; the annual rate for cities 
and towns, varying with population, ranges from twenty- 
five cents to one hundred cents on the hundred dollars. 
The regular annual rate for school purposes is forty cents, 
which may be increased by a vote of the people to one 
dollar in cities and towns, and to sixty-five cents in other 
districts. These restrictions have protected the people of 
many sections against extravagant and unnecessary ex¬ 
penditures; but at the same time other localities have been 


84 


THE GOVERNMENT OF MISSOURI 


hindered in their development by these severe limitations. 
“ There is a growing feeling,” says Walter Williams, 
“ that the present limitations are too restrictive to enable 
the State and its local subdivisions to provide adequately 
for their legitimate needs.” 

Levying Taxes. —-It is the duty of the Assessor of the city, 
town, county or township to list and assess all taxable prop¬ 
erty within his district. The amount of personal property 
may be ascertained by a personal canvass of his territory. 
The real estate holdings are secured from the county rec¬ 
ords, but the values placed upon them must be based upon 
personal knowledge or inspection. Having before them 
the total amount of the taxable property with its value, 
and knowing the total amount of taxes to be raised, the 
County Court and other authorities can easily determine 
and fix the rate of taxation. 

Correcting Errors. —A Board of Equalization for the 
State and one for each county have been provided, 
whose duty it is to equalize the assessments made by the 
various assessors. The State Board adjusts and equalizes 
the values as reported from the various counties, while 
each county board hears complaints from property owners 
and tries to secure a uniform assessment of values. 

Other Sources. —There are other sources of revenue to 
the State and county besides the general property tax. 
Special taxes, fees collected for the services of certain 
officers and licenses of various kinds are sources of income, 
and large amounts are realized from them. Large amounts 
are collected from corporations, such as railroad, express, 
bridge and telephone companies. Besides, there are earn¬ 
ings from the penitentiary and the eleemosynary institu- 


TAXATION AND REVENUE 


85 


tions which help to swell the total income of the State. 
From all sources of revenue the State realizes every year 
a grand total of ten and a quarter million dollars. 

Internal Revenue. —There are two United States in¬ 
ternal revenue districts in Missouri, one with headquarters 
at Kansas City and the other at St. Louis. One collector 
is appointed for each district, and there are several dep¬ 
uties located in different parts of the State. 


INDEX 


PAGE 

Adjutant-General. 58 

Agriculture, State Board. 60 

Appointive officers, 

Adjutant-General. 58 

Superintendent of Insurance. 57 

Warden of the Penitentiary.. 57 

Assessing property.34-35 

Assessment of taxes. 84 

Assessor.28, 34, 84 

Attorney-General. 53 

Australian Ballot System. 75 

Beer inspection. 59 

Board of Equalization. 84 

Board of Health, State Board. ... 60 

Board of School Directors, 

annual meeting of district 

electors. 7 

election of village boards .... 9 

number elected. 8 

powers and duties. 8 

powers of annual meeting.... 7 

powers of village boards. 10 

qualifications. 8 

term of office. 8 

Branches of State Government . . 39 

Certificates of nomination. 77 

Circuit Clerk. 33 

Circuit courts. 64 

Circuit Judges, 

election of. 64 

jurisdiction. 65 

number of.64-65 

qualifications of. 64 

salaries. 66 

Classes of cities.„. 15 

Common Pleas Courts, explained. 66 

Cape Girardeau. 67 

Hannibal. 67 

Louisiana. 66 

Sturgeon. 67 

Compensation of county officers. . 38 

Compensation of Gen. Assembly.. 43 

Congressional townships, defined. 19 

diagram of. 20 

size of. 20 

Congressmen.46-47 

Constable, 

bond of. 26 

compensation of. 26 

duties and powers of. . .. 26 

number of. 25 

term of. 25 

Constitutions, 

essential features of. 3-4 

how made. 4: 


Constitutions, page 

ratification by people. 4 

Corners, survey. 22 

Coroner. 34 

Corporate power of cities. 16 

Corporate powers of townships... 27 

County Assessor. 34 

County B oard of Education.12,37 

County boundaries. 31 

County Clerk. 33 

County Collector. 35 

County Court. 32 

County officers. 31 

County school fund.. 10 

County seat. 31 

County Treasurer. 35 

Court docket. 62 

Court records. 62 

Court of Appeals. 70 

judges of. 70 

qualifications of judges. 70 

Courts of record. 61 

Conveyances. 23 

Corrupt practices. 80 

Criminal Correction Court of ... . 69 

Criminal courts, 

Buchanan county. 68 

City of St. Louis. 69 

Fifteenth Judicial Circuit.... 68 

Greene county. 69 

Jackson county. 68 

Delegated powers. 2 

District Clerk .. 8 

Election of State officers. 48 

Election primaries. 76 

Election returns. 79 

Evolution of the school. 6 

Exclusive powers of General As¬ 
sembly. 45 

Executive boards of the State 

Government.55-57 

Executive powers of the city. 17 

Exemptions from taxation. 82 

Functions of city government. ... 14 

Functions of the county. 30 

General Assembly. 40 

Governor, • 

duties of. 49 

executive power of. 49 

qualifications of. 49 

Grades of teachers’ licenses. 12 

Grain inspection. 59 

House officers. 41 

House of Representatives. 40 

Impeachments. 55 

Incorporation of cities.. .. 16 
























































































88 


INDEX 


PAGE 

Inspections, beer. 59 

grain. 59 

labor. 60 

petroleum. 58 

tobacco. 59 

Insurance, Superintendent of. . . . 57 

Internal revenue. 85 

Judges of elections. 78 

Judicial circuits. 65 

Judicial power of the State. 61 

Judicial power in cit ies, towns, and 

villages. 17 

Juries, defined. 63 

grand jury. 63 

petit jury. . . . .. 63 

selection of juries.63-64 

Jurisdiction of circuit courts. 65 

Justice of the Peace, 

election and term. 24 

jurisdiction of. 25 

qualifications of. 24 

number of.24-25 

Justification of public schools. ... 10 

Labor Commissioner. 60 

Land records. 23 

Land sections. 21 

Land surveys.19-20 

Law making. 43 

Legislative powers of cities. 16 

Lieutenant-G overnor, 

duties and powers of. 50 

qualifications of. 50 

Limitations on judges. 62 

Local government, units of. 5 

Local laws.45, 46 

Locating lands. 22 

Making a law. 44 

Maps of Missouri, 

congressional. 47 

judicial circuits. 65 

senatorial. 42 

Marking surveys. 22 

Method of voting. 79 

Missouri constitutions, 

how framed. 4 

method of amending. 5 

number of. 4 

Municipal township defined. 24 

Nation, its relation to the State. . 1 

National courts. 71 

National jurisdiction. 3 

Nature of city government. 14 

Need of taxes. 81 

Nomination of candidates. . . 76 

Official ballot. 77 

Official tenure. 38 

Order of appropriations. 46 

Penitentiary. 57 

Petroleum inspection. 58 

Place of assessment. 83 

Polls and poll-books. 78 

Powers of the State courts. 61 

Powers of county court. 32 

Powers of each house. 44 

Primaries. 76 

Principles of taxation.81-82 

Protection to voters. 74 

Prime meridian. 22 


PAGE 

Prosecuting Attorney. 36 

Probate Judge. 37 

Prohibitions on legislation. 45 

Public Administrator. 38 

Public lands. 19 

Public schools established. 6 

Publication of candidates. 77 

Purposes of taxes. 82 

Qualifications for office.74-75 

Qualifications of State officers.... 50 

Qualifications of voters. 74 

Railroad Commissioners. 54 

Ranges, township. 21 

Recorder. 33 

Registration. 75 

Regulation of suffrage. 73 

Relation of cities to counties. 14 

Relation of county to State. 30 

Representatives, 

apportionment of. 40 

election of. 42 

number of. 40 

qualifications of. 40 

Road overseers. 32 

Salaries of State officers. 54 

Seat of government. 46 

Secretary of State. 50 

School Commissioner. 37 

School districts, size and shape. . 7 

School funds, 

appropriation of. 11 

county fund. 10 

State fund. 10 

special fund. 11 

tax levy for. 10 

township fund. 11 

School finances. 10 

School holidays. 9 

School periods. 9 

School Superintendent. 53 

School term. 9 

Scope of State government. 39 

Senatorial districts.41-42 

Senate officers. 43 

Senators, 

apportionment of. 41 

classes of. 41 

election of. 42 

number of. 41 

qualifications of.41-42 

Sheriff. 34 

Sources of revenue. 84 

Special charters. 17 

State and Nation distinguished.. . 1-2 

State Auditor. 51 

State Constitution. 3 

State executive officers. 48 

State, its relation to the Nation.. . 1 

State jurisdiction. 2 

State school fund. 10 

State Treasurer. 52 

Supreme Court, 

court in banc. 71 

divisions of. 70 

jurisdiction of. 71 

qualifications of judges. 71 

Surveyor. 36 

I Tax limitations. 83 



























































































































INDEX 


89 


PAGE 


Tax rate for schools... 11 

Teachers, 

licenses. 12 

qualifications of. 12 

Time of elections. 74 

Tobacco inspection. 59 

Township Assessor. 28 

Township board of directors. 28 

Township Clerk. 28 

Township Collector. 28 

Township elections. 27 


PAGE 

Township officers.24, 27 

Township organization. 26 

unpopular. 29 

Township powers. 27 

Township Trustee. 28 

Treasury department. 51 

Units of local government. 5 

Village schools. 9 

Villages. 17 

Voting. 79 

Voting classes. 73 























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































